Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 06, 2012 |
print number 4319a |
Mar 06, 2012 |
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 |
Senate Bill S4319
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Aging Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) 63rd Senate District
2011-S4319 - Details
- Current Committee:
- Senate Aging
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §4651, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S4124
2015-2016: S2276
2017-2018: S535
2019-2020: S897
2011-S4319 - Sponsor Memo
BILL NUMBER:S4319 TITLE OF BILL: An act to amend the public health law, in relation to establishing the independent senior housing resident freedom of choice act PURPOSE: To clarify that individuals living in senior housing have the right to access and obtain the same services that they would if they were an individual residing in the community, from the provider of their choosing. These services include personal care, home care, case management, technologies and other community services that support them to live independently in the community. SUMMARY OF PROVISIONS: Section 1 states that the bill shall be referenced as "The Independent Senior Housing resident Freedom of Choice Act". Section 2 lays out the legislative intent behind the bill. Section 3 amends paragraph (j) of subdivision 1 of section 4651 of the public health law to: 1) change the term "facility" to "operator" to be consistent throughout the definition;
2011-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
(D, WF) 63rd Senate District
2011-S4319A (ACTIVE) - Details
- Current Committee:
- Senate Aging
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §4651, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S4124
2015-2016: S2276
2017-2018: S535
2019-2020: S897
2011-S4319A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4319A TITLE OF BILL: An act to amend the public health law, in relation to establishing the independent senior housing resident freedom of choice act PURPOSE: To clarify that individuals living in senior housing have the right to access and obtain the same services that they would if they were an individual residing in the community, from the provider of their choosing. These services include personal care, home care, case management, technologies and other community services that support them to live independently in the community. SUMMARY OF PROVISIONS: Section 1 states that the bill shall be referenced as "The Independent Senior Housing resident Freedom of Choice Act". Section 2 amends paragraph (j) of subdivision 1 of section 4651 of the public health law to: 1) change the term "facility" to "operator" to be consistent throughout the definition; 2) clarify that any number of residents living in senior housing can
2011-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
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