senate Bill S188

2011-2012 Legislative Session

Relates to the disclosure of special care offered to persons with Alzheimer's disease or dementia

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Jan 05, 2011 referred to health

Co-Sponsors

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S188 - Bill Details

See Assembly Version of this Bill:
A3883
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 20-B §§2010 - 2012, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S1448, A2592

S188 - Bill Texts

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Makes provisions relating to the disclosure of special care offered to persons with Alzheimer's disease or dementia; requires any facility that offers, advertises, markets or otherwise promotes itself as providing Alzheimer's and dementia special care must disclose the form of care or treatment provided that distinguishes it as being especially applicable or suitable for persons diagnosed with Alzheimer's, dementia or other disorders; authorizes the commissioner of health to promulgate necessary rules and regulations; provides for a five hundred dollar civil penalty for a violation.

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BILL NUMBER:S188

TITLE OF BILL:
An act
to amend the public health law, in relation to disclosure of special
care offered to persons with Alzheimer's disease or dementia

PURPOSE:
This bill will require a residential health care facility, an adult
day health care program, or n continuing care retirement community,
that advertises or markets itself as providing Alzheimer's and
dementia special care shall disclose the form of care or treatment
provided.

SUMMARY OF PROVISIONS:

Bill1 adds a new Article 20-8 to the Public Health Law (PHL) entitled
"Alzheimer's and dementia special care disclosure." PHL § 2010
defines "Alzheimer's and dementia special care" as care or treatment
provided to a person diagnosed with Alzheimer's disease, a related
disorder or dementia.

"Facility" includes a residential health care facility, an adult day
health program, a continuing care retirement community.

PHL § 2011 sets forth requirements for Alzheimer's and dementia
special care disclosure. Any facility that advertises or markets
itself as providing Alzheimer's and dementia special care must
disclose the form of care or treatment provided that distinguishes it
as being especially applicable to or suitable for persons diagnosed
with Alzheimer's disease, related disorders or dementia. The
disclosure shall be made to the appropriate department, any person
seeking placement in the facility on behalf of a person diagnosed
with Alzheimer's disease, a related disorder or dementia, and the
State Long Term Care Ombudsman.

The disclosure must include information which will help prospective
consumers determine whether the program is appropriate for the needs
of a particular individual, such as the facility's overall philosophy
and mission statement, placement and transfer criteria, the process
used for assessment and for implementing and updating a plan of care,
staffing ratios and training, physical environment, activities,
family involvement programs, fees and costs, and safety and security
measures provided by the facility. The Commissioner of Health is
authorized, after providing equal opportunity for input from consumer
and provider representatives to adopt implementing rules.

PHL 2012 provides that an agency shall consider the extent of a
facility's compliance with disclosure requirements in considering an
application for renewal of a license, certificate or approval. A
facility which
violates the provisions of this article shall be subject to a civil
penalty not to exceed $500, to be assessed after a hearing conducted
in the same manner the agency employs to assess other penalties
against approved facilities


JUSTIFICATION:
Programs which advertise or offer special care for persons with
Alzheimer's disease, dementia or related disorders should publicly
state what factors make their programs especially appropriate for
such people, Those seeking such care deserve reliable information on
the philosophy, processes, environment and costs of a special
Alzheimer's care program. Laws similar to the provisions of this bill
are already on the books in 18 other states, including Florida,
Illinois, Missouri, Oregon and Texas. This bill will provide
information to help people with Alzheimer's disease and their
families to choose the best program for their specific circumstances,
It doesn't require any facility to offer specialized care for people
diagnosed with Alzheimer's disease or dementia, nor does it require
any specific services or methods, What it does require is disclosure,
so that the consumer will know what kind of care or treatment the
facility can provide. It will also weed out those operations which
prey on families by advertising special care for Alzheimer's and
dementia without actually providing any substantially different type
of care.

LEGISLATIVE HISTORY:
S.7387/A.10074 of 1999/2000; Referred to Senate Aging Committee
S.4345/A.159 of 2001/2002; Referred to Senate Aging Committee
S.506/A.267 of 2003/2004; Ordered to Third Reading in 2004
S.697/A.10163 of 2005/2008; Committed to Rules Committee
S.499/A.1451 of 2007/2008; Referred to Senate Health Committee
S.1448/A.2592 of 2009/2010; Referred to Senate Health Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

First day of January after becoming law, provisions of.

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

                                   188

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  MAZIARZ,  DeFRANCISCO, FUSCHILLO, GOLDEN, GRIFFO,
  LITTLE, SALAND, SEWARD, SKELOS -- read twice and ordered printed,  and
  when printed to be committed to the Committee on Health

AN  ACT  to  amend  the  public health law, in relation to disclosure of
  special care offered to persons with Alzheimer's disease or dementia

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

  Section  1.  The  public health law is amended by adding a new article
20-B to read as follows:
                              ARTICLE 20-B
            ALZHEIMER'S AND DEMENTIA SPECIAL CARE DISCLOSURE
SECTION 2010. DEFINITIONS.
        2011. ALZHEIMER'S AND DEMENTIA SPECIAL CARE DISCLOSURE.
        2012. ENFORCEMENT; CIVIL PENALTIES.
  S 2010. DEFINITIONS. AS USED IN  THIS  ARTICLE:  1.  "ALZHEIMER'S  AND
DEMENTIA  SPECIAL  CARE"  MEANS  CARE  OR TREATMENT PROVIDED TO A PERSON
DIAGNOSED WITH ALZHEIMER'S DISEASE, A RELATED DISORDER OR DEMENTIA.
  2. "FACILITY" SHALL MEAN A RESIDENTIAL HEALTH CARE FACILITY, AN  ADULT
DAY HEALTH CARE PROGRAM OR A CONTINUING CARE RETIREMENT COMMUNITY.
  S  2011.  ALZHEIMER'S  AND  DEMENTIA  SPECIAL  CARE DISCLOSURE. 1. ANY
FACILITY THAT ADVERTISES OR MARKETS ITSELF AS PROVIDING ALZHEIMER'S  AND
DEMENTIA  SPECIAL  CARE  SHALL  DISCLOSE  THE  FORM OF CARE OR TREATMENT
PROVIDED THAT DISTINGUISHES IT AS  BEING  ESPECIALLY  APPLICABLE  TO  OR
SUITABLE  FOR PERSONS DIAGNOSED WITH ALZHEIMER'S DISEASE, RELATED DISOR-
DERS OR DEMENTIA.
  2. THE DISCLOSURE SHALL BE MADE TO:
  (A) THE DEPARTMENT;
  (B) ANY PERSON SEEKING PLACEMENT IN A FACILITY ON BEHALF OF  A  PERSON
DIAGNOSED WITH ALZHEIMER'S DISEASE, A RELATED DISORDER OR DEMENTIA; AND
  (C) THE STATE LONG TERM CARE OMBUDSMAN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01309-01-1

S. 188                              2

  3. THE DISCLOSURE REQUIRED IN SUBDIVISION ONE OF THIS SECTION SHALL BE
IN WRITING AND SHALL INCLUDE AT A MINIMUM:
  (A) A STATEMENT OF THE FACILITY'S OVERALL PHILOSOPHY AND MISSION AS IT
RELATES  TO  THE  NEEDS  OF  PERSONS DIAGNOSED WITH ALZHEIMER'S DISEASE,
RELATED DISORDERS OR DEMENTIA;
  (B) THE PROCESS AND CRITERIA USED TO DETERMINE PLACEMENT IN AND TRANS-
FER OR DISCHARGE FROM ALZHEIMER'S AND DEMENTIA SPECIAL CARE;
  (C) THE PROCESS USED FOR ASSESSMENT, ESTABLISHMENT AND  IMPLEMENTATION
OF  A  PLAN  OF  CARE,  INCLUDING  THE METHODS BY WHICH THE PLAN OF CARE
EVOLVES AND REMAINS RESPONSIVE TO CHANGES IN CONDITION;
  (D) STAFF-TO-RESIDENT RATIOS, STAFF TRAINING AND CONTINUING  EDUCATION
PRACTICES;
  (E)  THE  PHYSICAL  ENVIRONMENT  AND  DESIGN  FEATURES  APPROPRIATE TO
SUPPORT THE FUNCTIONING OF COGNITIVELY IMPAIRED ADULTS;
  (F) THE TYPES AND FREQUENCIES OF ACTIVITIES PROVIDED BY THE FACILITY;
  (G) A DESCRIPTION OF FAMILY INVOLVEMENT PROGRAMS AND THE  AVAILABILITY
OF FAMILY SUPPORT PROGRAMS;
  (H)  THE  COSTS  OF CARE AND ANY ADDITIONAL FEES WHICH MAY BE CHARGED;
AND
  (I) A DESCRIPTION OF SAFETY AND  SECURITY  MEASURES  PROVIDED  BY  THE
FACILITY.
  4.  THE  COMMISSIONER,  WITH EQUAL OPPORTUNITY FOR INPUT FROM CONSUMER
AND PROVIDER REPRESENTATIVES, SHALL PROMULGATE  RULES  IMPLEMENTING  THE
PROVISIONS OF THIS SECTION.
  S  2012. ENFORCEMENT; CIVIL PENALTIES. 1. AN AGENCY SHALL CONSIDER THE
EXTENT OF A FACILITY'S COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE IN
CONSIDERING AN APPLICATION FOR RENEWAL  OF  A  LICENSE,  CERTIFICATE  OR
APPROVAL.
  2. ANY FACILITY WHICH VIOLATES THE PROVISIONS OF THIS ARTICLE SHALL BE
SUBJECT  TO  A  CIVIL  PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS.  SUCH
PENALTY MAY BE ASSESSED AFTER A HEARING CONDUCTED IN THE MANNER IN WHICH
THE AGENCY ASSESSES  OTHER  PENALTIES  AGAINST  LICENSED,  CERTIFIED  OR
APPROVED FACILITIES.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided  that  the
department of health is immediately authorized and directed to take such
actions  as are necessary to implement this act, including the promulga-
tion of rules in accordance with the state administrative procedure act,
on or before its effective date.

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