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

                                   542

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. DINOWITZ, ENGLEBRIGHT, J. RIVERA -- 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-x
to read as follows:
  S  367-X.   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:
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04463-01-1

A. 542                              2

  (A) ACTIVITIES,
  (B) DIET CONSIDERATIONS AND FOOD SELECTIONS,
  (C) FLEXIBLE SCHEDULING FOR DINING, BATHING, VISITING HOURS, SHOPPING,
ERRANDS, GETTING UP AND GOING TO BED,
  (D) ASSISTANCE WITH ACTIVITIES OF DAILY LIVING AND RECREATIONAL ACTIV-
ITIES, AND
  (E)  SUPPORT  IN THE MAINTENANCE OF CONNECTIONS AND INVOLVEMENT IN THE
RESIDENTS' ORIGINAL NEIGHBORHOOD AND THE LARGER COMMUNITY;
  3. PROVIDES A HOME-LIKE (NON-INSTITUTIONALIZED) SETTING BY:
  (A) HAVING A MIX OF APPROPRIATE NUMBERS OF SINGLE AND DOUBLE ROOMS,
  (B) PROVIDING ACCESS TO SINGLE ROOMS WITHOUT DISCRIMINATING  BASED  ON
SOURCE OF PAYMENT,
  (C)  HAVING  A MIX OF CENTRALIZED AND DECENTRALIZED DINING, LIVING AND
COMMON AREAS, SUCH AREAS BEING SUITABLE TO  PROVIDE  RESIDENTS  WITH  AN
ADEQUATE RANGE OF OPTIONS FOR THOSE WANTING PRIVACY OR SOCIALIZATION,
  (D) PROVIDING EACH ROOM WITH THE FACILITIES TO PREPARE MEALS,
  (E) ENSURING RESPECT FOR SELF-DIRECTION,
  (F)  ALLOWING  RESIDENTS  TO  KEEP  SOME  OF  THEIR  OWN FURNITURE AND
FURNISHINGS,
  (G) ENCOURAGING VISITS BY INDIVIDUALS AND GROUPS, AND
  (H) ENCOURAGING FREEDOM TO "COME AND GO";
  4. ENCOURAGES INDEPENDENCE BY:
  (A) PROVIDING OPPORTUNITIES FOR RESIDENTS TO PARTICIPATE IN THEIR  OWN
CARE PLANNING AND ASSISTED LIVING COMMUNITY PLANNING,
  (B)  PROVIDING  OPTIONS FOR LIVING, INCLUDING PRIVATE AND DOUBLE ROOMS
WITH PRIVATE BATHS, AND ROOMS THAT CAN ACCOMMODATE SHARING,
  (C) PROVIDING FREE REGULAR TRANSPORTATION TO LOCATIONS  IN  THE  LOCAL
COMMUNITY, INCLUDING TO PHYSICIANS' APPOINTMENTS,
  (D)  PROVIDING  OPPORTUNITIES FOR THE OUTSIDE COMMUNITY TO BE INVOLVED
WITH THE RESIDENT COMMUNITY,
  (E) HAVING A PHYSICAL STRUCTURE THAT  PERMITS  RESIDENTS  TO  NAVIGATE
SAFELY, ACCESS OUTDOOR AREAS AND THE GREATER COMMUNITY, INCLUDING:
  (1) ADEQUATE LIGHTING,
  (2) GRAB BARS, AND
  (3) SIDEWALKS IN GOOD REPAIR,
  (F) PROVIDING LAUNDRY FACILITIES FOR RESIDENTS' USE,
  (G)  PROVIDING OPPORTUNITIES FOR RESIDENTS TO PREPARE THEIR OWN MEALS,
AND
  (H) HAVING POLICIES AND PROCEDURES THAT ENABLE COMPETENT AND  INFORMED
RESIDENTS TO MAKE DECISIONS AND TAKE ACTIONS THAT INVOLVE PERSONAL RISK;
  5. PROMOTES AND HONORS RESIDENT DECISION-MAKING POWER BY:
  (A)  ENCOURAGING  AND SUPPORTING RESIDENT CENTERED AND RESIDENT DIRECT
PLANNING, AND
  (B) GIVING RESIDENTS THE OPPORTUNITY TO MAKE DECISIONS  ABOUT  AND  BE
INVOLVED IN THEIR TREATMENT PLANS; AND
  6. DELIVERS CARE IN A CULTURALLY COMPETENT MANNER BY:
  (A)  MAKING BEST EFFORTS TO HELP RESIDENTS WHO DO NOT SPEAK ENGLISH BY
FULLY UNDERSTANDING THE CARE AND QUALITY OF LIFE ISSUE OF SUCH RESIDENTS
BY SPEAKING THEIR LANGUAGES AND PROVIDING TRANSLATIONS,
  (B)  MAKING  SURE  THAT  ASSESSMENTS  ACKNOWLEDGE  DIFFERENT  CULTURES
(INCLUDING THE CULTURE OF THE DISABLED),
  (C) TRAINING STAFF TO BE CULTURALLY COMPETENT, AND
  (D) ACKNOWLEDGING AND RESPECTING DIFFERENT CULTURES AND LIFESTYLES.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.