S T A T E O F N E W Y O R K
________________________________________________________________________
6086--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 4, 2011
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Health -- recommitted to the Committee on Health in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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 25 of section 2 of the social
services law, possessing a valid operating certificate pursuant to title
2 of article 7 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 thousand federal census
shall be authorized to operate an adult day health care program. Such
program shall satisfy all other adult day health care program require-
ments as set forth in 10 NYCRR Part 425. Such program shall be reim-
bursed in accordance with subdivision 23 of section 2808 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 temporary president of the senate and the
speaker of the assembly, which contains the cost of the program, includ-
ing the savings to the state and local governments, the number of
persons served by the program by county, a description of the demograph-
ic 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04189-03-2
A. 6086--A 2
findings of the report do not reflect a cost savings to the state and
local governments, the program may be 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, 2017; 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.