Senate Bill S2450A

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

                                 2450--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04189-02-2
              

S. 2450--A                          2

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 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.