S T A T E   O F   N E W   Y O R K
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                                  7654

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Aging

AN ACT to amend the public health law and the social  services  law,  in
  relation to assisted living programs

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

  Section 1. Paragraph (e) of subdivision one of  section  4651  of  the
public health law, as added by chapter 2 of the laws of 2004, is amended
to read as follows:
  (e)  assisted  living  programs approved by the department pursuant to
section four hundred sixty-one-l of the social services law, EXCEPT THAT
AN ENHANCED ASSISTED LIVING RESIDENCE MAY INCLUDE SUCH  ASSISTED  LIVING
PROGRAM  BEDS  FOR  PURPOSES  OF  SUBPARAGRAPH  (II) OF PARAGRAPH (A) OF
SUBDIVISION TWO OF SUCH SECTION FOUR HUNDRED SIXTY-ONE-L;
  S 2. Subdivision 4 of section 4655 of the public health law, as  added
by chapter 2 of the laws of 2004, is amended to read as follows:
  4. If a resident reaches the point where he or she is in need of twen-
ty-four  hour  skilled  nursing  care  or  medical  care  required to be
provided by facilities licensed pursuant to article twenty-eight of this
chapter or article nineteen, thirty-one  or  thirty-two  of  the  mental
hygiene law, then the resident must be discharged from the residence and
the operator shall initiate proceedings for the termination of the resi-
dency  agreement of such resident [in accordance with the provisions of]
UNDER section four hundred  sixty-one-h  of  the  social  services  law.
[Provided,  however]  HOWEVER, a resident may remain at the residence if
each of the following conditions are met:
  (a) (I) THE RESIDENT OCCUPIES AN ASSISTED  LIVING  PROGRAM  BED  UNDER
SECTION  FOUR  HUNDRED  SIXTY-ONE-L OF THE SOCIAL SERVICES LAW OR (II) a
resident in need of twenty-four hour skilled  nursing  care  or  medical
care hires appropriate nursing, medical or hospice staff to care for his
or her increased needs;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11171-01-9
              

A. 7654                             2

  (b) the resident's physician and home care services agency both deter-
mine  and  document that, with the provision of such additional nursing,
medical or hospice care, the resident can be safely  cared  for  in  the
residence,  and  would not require placement in a hospital, nursing home
or other facility licensed under article twenty-eight of this chapter or
article nineteen, thirty-one or thirty-two of the mental hygiene law;
  (c)  the  operator agrees to retain the resident and to coordinate the
care provided by the operator and the  additional  nursing,  medical  or
hospice staff; and
  (d) the resident is otherwise eligible to reside at the residence.
  S  3.  Paragraph  (a)  of subdivision 2 of section 461-l of the social
services law, as added by chapter 165 of the laws of 1991, is amended to
read as follows:
  (a) Applicability. (I) Unless expressly  provided  otherwise  in  this
article  or  article  thirty-six  of  the public health law, an assisted
living program shall be subject to any other  law,  rule  or  regulation
governing  adult  care  facilities, long term home health care programs,
certified home health agencies, licensed home care agencies or  personal
care services.
  (II)  IN  ADDITION,  ALL ASSISTED LIVING PROGRAM BEDS AUTHORIZED UNDER
PARAGRAPH (I) OF SUBDIVISION  THREE  OF  THIS  SECTION,  AND  ALL  OTHER
ASSISTED  LIVING PROGRAM BEDS AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN,
SHALL BE SUBJECT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW  AS  IF
THEY WERE PART OF AN ASSISTED LIVING RESIDENCE. HOWEVER, THE COMMISSION-
ER MAY WAIVE OR LIMIT THE APPLICABILITY OF ANY PROVISION OF SUCH ARTICLE
FORTY-SIX-B  OR  REGULATION  UNDER  THAT ARTICLE TO ASSISTED LIVING BEDS
THAT ARE SUBJECT TO THAT ARTICLE SOLELY BECAUSE  OF  THIS  SUBPARAGRAPH,
WHERE  THE  COMMISSIONER  DETERMINES  THAT THE PROVISION BEING WAIVED OR
LIMITED:
  (A) SUBSTANTIALLY DUPLICATES A PROVISION OF LAW OR REGULATION APPLICA-
BLE TO THE ASSISTED LIVING PROGRAM  THAT  ADEQUATELY  PROTECTS  ASSISTED
LIVING PROGRAM RECIPIENTS' RIGHTS AND QUALITY OF CARE, OR
  (B)  IS  INAPPROPRIATE  OR  UNNECESSARY FOR PROTECTING ASSISTED LIVING
PROGRAM RECIPIENTS' RIGHTS AND QUALITY OF CARE.
  S 4. This act shall take effect immediately.