Assembly Bill A7368

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

                                 7368--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2011
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee  on Aging -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the public health law, in relation  to  continuing  care
  retirement communities

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

  Section 1. Subdivision 2-b of section 4601 of the public  health  law,
as  added  by chapter 659 of the laws of 1997, paragraph a as amended by
chapter 401 of the laws of 2003, is amended to read as follows:
  2-b. "Continuing care retirement community" or "community" shall  mean
a  facility  or facilities established to provide a comprehensive, cohe-
sive living arrangement for the elderly, oriented to the enhancement  of
the  quality  of life and which, pursuant to the terms of the continuing
care contract, at a minimum:
  a. provides independent living units, and provides a  meal  plan.  The
independent living unit can be made available either through a non-equi-
ty  arrangement  or  through  an  equity  arrangement including, but not
limited to a cooperative or condominium. For purposes of  this  article,
the  purchase  price of an independent living unit in an equity arrange-
ment, regardless of the form of the purchase  agreement,  shall  not  be
considered an entry fee for purposes of calculating reserve liabilities,
but shall be considered an entry fee for escrow purposes;
  b.  provides  a  range  of health care and social services, subject to
such terms as may be included within the contract, which  shall  include
[home  health  care,  nursing  care]  ADULT CARE FACILITY SERVICES OF AN
ON-SITE OR AFFILIATED ADULT CARE FACILITY, and at a minimum, sixty  days
of  prepaid  services  of  an on-site or affiliated nursing facility FOR
RESIDENTS NOT RECEIVING SERVICES UNDER A FEE-FOR-SERVICE CONTRACT;
  c. provides access to health services  as  defined  in  the  contract,
prescription drugs, and rehabilitation services; [and]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10823-02-1
              

A. 7368--A                          2

  d. nothing in this article shall eliminate the obligation of a contin-
uing care retirement community to provide at least sixty days of prepaid
nursing  facility services to all residents, WITH THE EXCEPTION OF RESI-
DENTS RECEIVING SERVICES UNDER THE TERMS OF A FEE-FOR-SERVICE CONTINUING
CARE CONTRACT AS DEFINED IN THIS SECTION.  The prepaid days must include
the  first  sixty  days  of  nursing  facility  services, whether or not
consecutive, not covered by Title XVIII of the federal  social  security
act[.]; AND
  E.   COMMUNITIES   ESTABLISHED   UNDER   THIS   ARTICLE  AND  OFFERING
FEE-FOR-SERVICE CONTINUING CARE CONTRACTS MUST OFFER,  ALONG  WITH  SUCH
FEE-FOR-SERVICE  CONTINUING  CARE CONTRACTS, LIFE CARE AND/OR CONTINUING
CARE CONTRACTS AS DEFINED IN SUBDIVISION EIGHT-A OF THIS SECTION.
  S 2. Section 4601 of the public health law is amended by adding a  new
subdivision 8-a to read as follows:
  8-A.  "FEE-FOR-SERVICE  CONTINUING  CARE CONTRACT" SHALL MEAN A SINGLE
CONTINUING CARE RETIREMENT CONTRACT THAT PROVIDES  LONG-TERM  AND  OTHER
SERVICES ON A PER DIEM, FEE-FOR-SERVICE OR MONTHLY RATE.
  S 3. This act shall take effect immediately.