Assembly Bill A7713A

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

                                 7713--A
                                                        Cal. No. 490

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by  M.  of A. JAFFEE, GOTTFRIED -- read once and referred to
  the Committee on Health -- reported  from  committee,  advanced  to  a
  third  reading,  amended and ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend chapter 155 of  the  laws  of  1986,  exempting  from  a
  certain  requirement  of  the  social  services law the Rudolf Steiner
  Fellowship Foundation, Inc. relating to its provision of continuity of
  care and services in an adult care facility, in relation to  exempting
  such  foundation  from  the requirement to obtain an enhanced assisted
  living certificate

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

  Section  1.  Section  2  of chapter 155 of the laws of 1986, exempting
from a certain requirement of the social services law the Rudolf Steiner
Fellowship Foundation, Inc. relating to its provision of  continuity  of
care and services in an adult care facility, subdivision 1 as amended by
chapter 527 of the laws of 1996, is amended to read as follows:
  S  2.  Resident  care and services.   1. The Rudolf Steiner Fellowship
Foundation, Inc., hereafter referred to IN THIS ACT  as  the  fellowship
community, is hereby exempt from the following:  paragraph c of subdivi-
sion two of section four hundred sixty-one-a, subdivision six of section
four  hundred  sixty-one-c,  subdivision  four  of  section four hundred
sixty-one-d, section four  hundred  sixty-one-g,  section  four  hundred
sixty-one-h,  section four hundred sixty-one-k, and section four hundred
sixty-one-m of the social services law. The exemption  from  subdivision
six  of  section  four  hundred  sixty-one-c, regarding the retention of
persons in need of continual medical or nursing care  which  would  make
them  eligible for a skilled nursing facility, will apply providing such
persons are in need of neither acute care which would require  placement
in  a hospital, nor supervision which would require placement in facili-
ties licensed or operated pursuant to articles nineteen, [twenty-three,]

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

                                                           LBD11102-05-1

A. 7713--A                          2

twenty-nine and thirty-one of the mental hygiene law and providing  that
the  number  of persons retained under this exemption shall not equal or
exceed the minimum number for nursing facilities. THE FELLOWSHIP  COMMU-
NITY IS HEREBY EXEMPT FROM SECTION FORTY-SIX HUNDRED FIFTY-FOUR OF ARTI-
CLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW, IN RELATION TO THE REQUIREMENT
TO APPLY FOR ENHANCED ASSISTED LIVING CERTIFICATION IF RETAINING PERSONS
IN NEED OF CONTINUAL MEDICAL OR NURSING CARE.
  The  fellowship  community shall adhere to those department of [social
services] HEALTH rules and regulations relating to the operation  of  an
adult care facility which directly affect the health and safety of resi-
dents  and  all  additional  regulations which the department of [social
services] HEALTH may deem necessary.
  2. The fellowship community shall [contract with the New  York  State-
wide  Professional Standards Review Council, Inc., or other professional
review organization designated or approved pursuant to federal  statute]
ENGAGE  A  HEALTH CARE CONSULTING ORGANIZATION DESIGNATED OR APPROVED BY
THE DEPARTMENT OF HEALTH FOR PURPOSES OF THIS  ACT,  to  evaluate,  once
every  six  months,  the  quality of care and services being provided to
those residents designated by the department of [social services] HEALTH
as requiring said evaluation. The [New York Statewide Professional Stan-
dards Review Council,  Inc.,  or  other  approved  review]  HEALTH  CARE
CONSULTING  organization  ENGAGED  FOR  THIS  PURPOSE  shall furnish the
department of [social services] HEALTH and the fellowship community with
a report within fourteen days of an evaluation which specifies the qual-
ity of care and services being provided to the designated residents  and
shall  set forth directions as to the manner and time in which deficien-
cies shall be corrected.
  3. The fellowship  community  shall  institute  changes  in  care  and
services  pursuant  to the directions of the [New York Statewide Profes-
sional Standards Review Council Inc., or other approved review] APPROVED
OR DESIGNATED HEALTH CARE CONSULTING organization. If  changes  are  not
undertaken  in the manner and time periods specified in such reports and
to the satisfaction of the [professional review] APPROVED OR  DESIGNATED
HEALTH CARE CONSULTING organization, then the designated residents shall
be  transferred  to  an appropriate facility as soon as possible. If the
[New York Statewide Professional  Standards  Review  Council,  Inc.,  or
other  approved  review]  APPROVED  OR DESIGNATED HEALTH CARE CONSULTING
organization determines that the appropriateness and/or quality of  care
and services provided to a resident or residents is unsatisfactory, then
the resident or residents shall be transferred to an appropriate facili-
ty.
  If  the fellowship community fails to institute changes or to transfer
residents within the specified time periods the  department  of  [social
services]  HEALTH  may  suspend  the  [exemption]  EXEMPTIONS allowed in
subdivision one of section two of this act, or may impose  any  enforce-
ment  action  authorized  by  section four hundred sixty-d of the social
services law.
  S 2. This act shall take effect immediately.