S T A T E O F N E W Y O R K
________________________________________________________________________
8279
2009-2010 Regular Sessions
I N A S S E M B L Y
May 12, 2009
___________
Introduced by M. of A. PARMENT -- read once and referred to the Commit-
tee on Aging
AN ACT to increase the availability of adult day health care programs;
and providing for the repeal of such provisions upon expiration there-
of
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 home, as defined by subdivision twenty-five of section two of
the social services law, possessing a valid operating certificate pursu-
ant to title two of article seven of the social services law and located
in a county with a population of more than one hundred thirty thousand
and less than one hundred forty thousand persons based on the two thou-
sand federal census shall be authorized to operate an adult day health
care program. Such program shall satisfy all other adult day health care
program requirements as set forth in 10 NYCRR Part 425. Such program
shall be reimbursed in accordance with subdivision 23 of section twen-
ty-eight hundred eight of the public health law and 10 NYCRR Part 86-2.9
as if such program were operated by a residential health care facility
without adequate cost experience and without a skilled nursing facility
rate in effect on January 1, 1990. Any such adult home that receives
authorization to operate an adult day health care program shall submit a
report annually to the commissioner of health, the governor, the tempo-
rary president of the senate and the speaker of the assembly, 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 coun-
ty, a description of the demographic and clinical characteristics of
patients served by the program, and an evaluation of the 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07727-01-9
A. 8279 2
terminated immediately by the commissioner of health. Within thirty days
of the termination of a program under this act, the commissioner of
health shall submit a report to the governor, the temporary 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, 2014; 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.