Senate Bill S3120

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3120--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 11, 2009
                               ___________

Introduced  by  Sens.  DIAZ,  HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Aging --
  recommitted to the Committee on Aging in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT relating to increasing availability  of  adult  day  health  care
  programs; and providing for the repeal of such provisions upon expira-
  tion thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any other provision of law to the contrary,
an adult day health care program, established pursuant to 10 NYCRR  Part
425, having twenty-four authorized slots, and located in a county with a
population  of  more  than one million three hundred thirty-two thousand
six hundred fifty and less than one million  three  hundred  thirty-four
thousand  five  hundred  forty-four  persons  based  on the two thousand
federal census, and which at any point in time is unable to  accommodate
individuals  awaiting  placement into the adult day health care program,
shall be authorized by the commissioner of health to increase the number
of adult day health care slots available for a specified period of  time
as part of a demonstration program by up to twenty-four slots; provided,
however,  that  such program shall otherwise satisfy all other adult day
health care program requirements as set forth  in  10  NYCRR  Part  425.
Further, any such adult home that receives authorization to increase the
number of adult day health care slots available pursuant to this section
shall submit a report annually to the commissioner of health, the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly,  which  contains  the cost of the program, including the savings to
the state and local governments, the number of  persons  served  by  the
program by county, a description of the demographic and clinical charac-
teristics  of  patients  served by the program, and an evaluation of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04696-02-0
              

S. 3120--A                          2

quality of care provided to  persons  served  by  the  program.    After
release  of the second report by any such program if the findings of the
report do not reflect a cost savings to the state and local governments,
the program may be terminated immediately by the commissioner of health.
Within  thirty  days  of the termination of a demonstration program, the
commissioner of health shall submit a report to the governor, the tempo-
rary president of the senate and  the  speaker  of  the  assembly  which
outlines the reasons for early termination of such program.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed September 1, 2015; provided, that any person  placed  in
an  adult  day  health care program pursuant to section one of this act,
prior to the repeal of this act shall be authorized to  remain  in  such
program  and  receive the services thereof after the repeal of this act;
and provided, further, that state funding for the provision of adult day
health care program services authorized by this act shall continue after
the repeal of this act for any person to which the  provisions  of  this
act shall continue to apply.