senate Bill S4319A

2011-2012 Legislative Session

Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing to receive services they could get at home

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2012 print number 4319a
amend and recommit to aging
Jan 04, 2012 referred to aging
Jun 24, 2011 committed to rules
Apr 13, 2011 advanced to third reading
Apr 12, 2011 2nd report cal.
Apr 11, 2011 1st report cal.335
Mar 29, 2011 referred to aging

Co-Sponsors

S4319 - Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §4651, Pub Health L

S4319 - Summary

Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing, shelters and residences to receive services they could otherwise receive if they resided in a private residence.

S4319 - Sponsor Memo

S4319 - Bill Text download pdf

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

                                  4319

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 29, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the public health law, in relation to  establishing  the
  independent senior housing resident freedom of choice act

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

  Section 1. Short title. This act shall be known and may be referred to
as the "independent senior housing resident freedom of choice act".
  S 2. Legislative intent. The legislature  hereby  finds  and  declares
that  the  complexity  of  state  statutes and regulations governing the
operation and services provided in congregate  settings  has  caused  or
contributed  to  a  lack  of  clarity  in, and thus caused confusion and
interference with the rights and opportunities of  senior  citizens  and
persons  with disabilities residing in independent housing to choose and
access services from the community, services  that  would  otherwise  be
available  to  such  individuals if residing in their own private homes.
Such community-based services help seniors, in private homes  and  inde-
pendent  housing  alike, to "age in place" and remain living in the less
restrictive, more  integrated  setting  that  independent  housing  also
represents,  consistent  with the Olmstead decision of the United States
Supreme Court. Ensuring access to such services is also  in  furtherance
of the state policy of promoting access to community living and communi-
ty-based  services  to maintain the health and quality of life of senior
citizens and the disabled as well as to  prevent  avoidable  and  costly
admission to medical and other institutional-type facilities.
  Therefore,  the  legislature  enacts  this act in order to advance the
opportunities for seniors and persons with disabilities to choose,  live
and access services in independent housing.
  S  3.  Paragraph  (j)  of  subdivision 1 of section 4651 of the public
health law, as added by chapter 2 of the laws of  2004,  is  amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10539-01-1

Co-Sponsors

S4319A (ACTIVE) - Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §4651, Pub Health L

S4319A (ACTIVE) - Summary

Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing, shelters and residences to receive services they could otherwise receive if they resided in a private residence.

S4319A (ACTIVE) - Sponsor Memo

S4319A (ACTIVE) - Bill Text download pdf

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

                                 4319--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 29, 2011
                               ___________

Introduced  by  Sens.  YOUNG, KENNEDY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Aging  --  recom-
  mitted  to  the  Committee  on Aging in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the public health law, in relation to establishing the
  independent senior housing resident freedom of choice act

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

  Section 1. Short title. This act shall be known and may be referred to
as the "independent senior housing resident freedom of choice act".
  S  2.  Paragraph  (j)  of  subdivision 1 of section 4651 of the public
health law, as added by chapter 2 of the laws of  2004,  is  amended  to
read as follows:
  (j) independent senior housing, shelters or residences for adults. For
purposes  of  this article and for purposes of determining certification
pursuant to article seven of the social  services  law,  the  department
shall  by  regulation,  define independent senior housing, provided such
definition shall be based on whether  the  operator  does  not  provide,
arrange  for, or coordinate personal care services or home care services
on behalf of residents; and the [facility]  OPERATOR  does  not  provide
case  management  services  in  a congregate care setting for residents.
Nothing in this chapter shall preclude [a resident of]:  (I)  ANY  inde-
pendent  senior  housing  RESIDENT  OR ANY NUMBER OF SUCH RESIDENTS from
personally and directly obtaining [private] personal care or  home  care
services from [a] ANY licensed [or certified] home care SERVICES agency,
CERTIFIED  HOME  HEALTH  AGENCY,  LONG  TERM  HOME  HEALTH CARE PROGRAM,
PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY  OR  OTHER  MANAGED  LONG
TERM CARE PROGRAM;
  (II)   AN  AGENCY  OR  PROGRAM  LICENSED  OR  APPROVED  UNDER  ARTICLE
THIRTY-SIX OR SECTION FORTY-FOUR HUNDRED THREE-F OF  THIS  CHAPTER  FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10539-03-2

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.