S T A T E   O F   N E W   Y O R K
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                                  4807

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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
              

S. 4807                             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.