Senate Bill S4858

                                BILL NUMBER:S4858

TITLE OF BILL:
An act
to amend the public health law, in relation to the review and approval
process to operate a fee-for-service continuing care retirement
community

PURPOSE:
To impose a 90 day time frame in which the Department of
Health must either grant a license to applicants seeking assisted
living residence, enhanced assisted living residence. and special
needs assisted living residence licensure. or provide a provisional
license or provide the applicant with a comprehensive and
final list of incomplete or outstanding information required in order
to grant the license.

SUMMARY OF PROVISIONS:
Amends Section 4656 by adding in a new
subdivision 4-a of Chapter 2 of the Laws of 2004 to:

* Impose a 90 time frame in which the Department of Health must either
grant a license to applicants seeking assisted living residence,
enhanced assisted living residence. and special needs assisted living
residence licensure, or provide a provisional license or provide the
applicant with a comprehensive and final list of incomplete or
              

outstanding information required in order to grant the license:

* Requires the Department to issue a license within 60 days after the
outstanding information has been received by the Department;

JUSTIFICATION:
The fastest growing segment of the State's population
is individuals aged 60 or more, and there is a growing demand for
senior housing options that provide varying levels of long term
services and supports and allow individuals to age in place.
The Assisted Living Reform Act of 2004 was intended to provide New
York's consumers with a licensed, regulated assisted living option.
The Act provides a sound framework for assisted living with
standards. licensure and certification requirements and consumer
protections and disclosures. However, the licensure process has
been protracted since the passage of the Act in 2004.

Currently, less than one third of the ALR/EALR/SNALR applications
pending before the Department of Health have been granted licensure.
Many of these applications have been pending since August 2005. Much
of the backlog can be attributed to the Department's lack of
resources in the face of budget constraints. However, the protracted
licensure process impedes the ability of New York's seniors to take
full advantage of the consumer protections and disclosures set forth
in the Act. This bill would help address the issue by granting the
Department options and time frames in which it must either grant
licenses, provisional licenses or a comprehensive list of outstanding
or incomplete information needed in order to grant licenses. These
time frames and options are intended to provide a structure and
framework for both the Department and applicants to work within and


will alleviate delays due to missing or incomplete information.
Regardless of the option the Department chooses, New York's seniors
will see immediate benefit

Lack of progress on licensure has a direct consumer impact. Without
full implementation of the law, New York's seniors cannot age in
place and cannot take advantage of the numerous protections and
disclosures contained in the statute. Expediting the licensure
process will allow New York's seniors to take advantage of the full
aging in place services they demand. Additionally, a robust New York
assisted living environment keeps residents. businesses and tax
revenues in the State. Encouraging assisted living development has a
positive impact of the State's economic growth and recovery.

LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
This act shall take effect immediately.