Assembly Bill A6141

2009-2010 Legislative Session

Establishes requirements in order for assisted living residences to receive medical assistance payments

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A6141 (ACTIVE) - Details

Current Committee:
Assembly Social Services
Law Section:
Social Services Law
Laws Affected:
Add §367-v, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
A542

2009-A6141 (ACTIVE) - Summary

Establishes requirements in order for assisted living residences to receive medical assistance payments.

2009-A6141 (ACTIVE) - Bill Text download pdf

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

                                  6141

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of A. DINOWITZ, ENGLEBRIGHT, J. RIVERA, EDDINGTON --
  Multi-Sponsored by -- M. of A. ALFANO -- read once and referred to the
  Committee on Social Services

AN ACT to amend the social services law,  in  relation  to  establishing
  certain  requirements  for  payment  of  medical  assistance for needy
  persons to assisted living residences

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

  Section  1.  Legislative intent. The legislature hereby finds that the
placement of persons who need only aging in place care and  services  in
assisted  residences, rather than being placed in nursing homes, results
in substantial savings to the  medical  assistance  program.  Therefore,
appropriate  assisted living residences, established pursuant to article
46-B of the public health law, should be made available to all residents
of the state who need  or  desire  the  benefits  afforded  by  assisted
living.  The  benefits of assisted living are best provided in a non-in-
stitutional setting, which is integrated into the community; in a facil-
ity which complies with the provisions of the Americans  with  Disabili-
ties Act and all provisions of article 46-B of the public health law and
in an atmosphere that encourages resident independence, autonomy, priva-
cy and freedom of choice.
  The  legislature  hereby  declares  that  no assisted living residence
shall receive medical assistance payments  or  reimbursement  unless  it
complies with the standards specified in this act.
  S  2. The social services law is amended by adding a new section 367-v
to read as follows:
  S 367-V.  PAYMENTS TO ASSISTED LIVING RESIDENCES. NO  ASSISTED  LIVING
RESIDENCE,  ESTABLISHED  PURSUANT  TO  ARTICLE FORTY-SIX-B OF THE PUBLIC
HEALTH LAW, SHALL RECEIVE ANY PAYMENT PURSUANT TO THE PROVISIONS OF THIS
CHAPTER UNLESS IT PROVIDES THE DEPARTMENT OF HEALTH WITH  WRITTEN  PROOF
THAT SUCH RESIDENCE:
  1.  DOES NOT DISCRIMINATE ON THE BASIS OF SOURCE OF PAYMENT, DISABILI-
TY, RACE, RELIGION OR SEXUAL ORIENTATION;
  2. PROVIDES A WIDE RANGE OF RESIDENT CHOICES WITH REGARD TO:

              

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