S T A T E O F N E W Y O R K
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4851--A
2011-2012 Regular Sessions
I N S E N A T E
April 27, 2011
___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging -- reported favora-
bly from said committee and committed to the Committee on Finance --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT relating to authorizing the establishment of a long term care
community in Columbia county known as Camphill Ghent, Inc. to provide
integrated services to certain persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. New York state has long recognized the
need to support a full continuum of long term care services for the
aging that supports the ability of seniors to remain in integrated
community settings for as long as possible. The state has offered simi-
lar support to allow persons with developmental disabilities and their
caregivers to live in community settings, but for the most part not in
integrated housing arrangements. Further, the state does not currently
support a service model that adequately supports the increasingly
sophisticated long term health care needs of persons with developmental
disabilities who are elderly in an integrated community setting that
includes elderly persons with developmental disabilities and others.
The Legislature finds that the Camphill movement has a long tradition
of providing services to persons with developmental disabilities in
fully integrated community settings through its worldwide network of
planned, intentional communities serving persons with and without devel-
opmental disabilities. Much more than providers of basic services for
people with developmental disabilities, Camphill communities offer an
environment where people of all ages and abilities share home, work and
social activities and enjoy a rich artistic and cultural life with
opportunities for spiritual expression and dignified work. Camphill
communities rely on both paid and volunteer workers to ensure that
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11097-03-1
S. 4851--A 2
persons with developmental disabilities can realize their full potential
through constructive and productive interactions as fully participatory
members of their communities.
The Legislature further finds that members of such communities must
frequently leave those communities when they develop long term health
care needs that cannot be addressed in those settings. In such cases,
they are often admitted to less integrated settings that negatively
impact their quality of life and generate costs to those individuals and
to the state that would not be necessary if a more appropriate alterna-
tive were available. In recognition of this fact, Camphill Village USA,
Inc., which currently operates a Camphill community in Copake, New York,
is in the process of developing a community in Ghent, New York, under
the auspices of Camphill Ghent, Inc., ("Camphill Ghent"), that would
provide an array of long term care services, including assisted living,
to persons with and without developmental disabilities in the Camphill
tradition.
The Legislature further finds that the Camphill Ghent project is
consistent with the goal of both the department of health and the office
for people with developmental disabilities to provide cost effective
services in the most integrated setting appropriate to the needs of
residents. In fact, Camphill Ghent has already received support from the
state in the form of a $9.6 million grant under the Healthcare Efficien-
cy and Affordability Law for New Yorkers and the Federal-State Health
Reform Partnership, pursuant to which it is subject to state oversight
and regulation.
However, there are currently legislative barriers to the full realiza-
tion of the Camphill Ghent goal, including barriers against allowing
residents to age in place, barriers against full funding for the
services necessary for persons living in a fully integrated setting who
have both developmental disabilities and significant long term health
care needs, and barriers against the use of volunteer services provided
by the potential residents of the new community. In the past, the Legis-
lature has enacted legislation to support a Camphill-related facility in
New York state by removing such barriers. Moreover, Camphill Village
has a proven track record of providing services at substantially lower
cost than comparable providers. Accordingly, the Legislature finds that
it is in the best interests of the state to establish Camphill Ghent as
a unique program to provide long term care services to persons with
developmental disabilities and others in an integrated community setting
in a manner that allows such individuals to age in place with all appro-
priate state supports, and without the barriers that will prevent such
persons from becoming fully participatory members of their community.
S 2. The Legislature hereby authorizes the establishment of a communi-
ty in Columbia county known as Camphill Ghent, Inc. (hereinafter "Camp-
hill Ghent"), that is specifically designed to provide long term care
and other services to persons with developmental disabilities and
others. Such community shall:
(a) include, at a minimum, an assisted living program as defined in
section 461-l of the social services law, other adult home beds as
defined in subdivision 25 of section 2 of the social services law, and
unlicensed housing targeted to seniors aged 55 and over comprised of
self-contained studio, one bedroom and two bedroom units connected to
common areas for common dining and recreation, and two and three bedroom
independent housing units;
(b) include a series of buildings for common use that will house a
variety of non-medical services available to community residents;
S. 4851--A 3
(c) include both persons with developmental disabilities and persons
without developmental disabilities among the residents;
(d) include extensive use of volunteers to supplement the services
provided by the required professional staff; and
(e) provide regular reports to the state consistent with its obli-
gations under section 2818 of the public health law.
S 3. Notwithstanding subdivision 6 of section 461-c and subparagraph
(ii) of paragraph (d) of subdivision 1 and subparagraph (iii) of para-
graph (d) of subdivision 2 of section 461-l of the social services law,
an eligible person who has been admitted to the adult home or assisted
living program at Camphill Ghent, who is otherwise no longer eligible
for participation in an adult home or assisted living program because
such person is in need of continual nursing or medical care, chronically
bedfast or chairfast, or cognitively, physically or medically impaired
to such a degree that his or her safety would otherwise be endangered,
may remain in the adult home or assisted living program at Camphill
Ghent provided that the program provides such additional nursing,
medical or other care as necessary for such person to be safely and
adequately cared for, as determined by the program and such person or
his or her legal representative. The rates payable to the assisted
living program at Camphill Ghent may be adjusted to reflect all or part
of the cost of such additional medical, nursing or other care.
S 4. Where eligible persons residing in the assisted living program at
Camphill Ghent, or persons residing in the assisted living program at
Camphill Ghent pursuant to section three of this act, would otherwise be
eligible to reside in a supervised individualized residential alterna-
tive established pursuant to regulations of the commissioner of the
office for people with developmental disabilities, the assisted living
program at Camphill Ghent shall be entitled to a supplemental payment
from the office for people with developmental disabilities equal to the
difference between the assisted living program rate attributable to that
person and the regional average supervised individualized residential
alternative rate that would have been paid had that person resided in a
supervised individualized residential alternative, inclusive of both the
residential habilitation and room and board components, trended to the
current operating year and annually updated. Such supplemental rate
shall be used to support additional case management services, protective
oversight and the following residential habilitation services, as appro-
priate: training, support and assistance in pursuing personal valued
outcomes, self-advocacy, relationship building, and self direction in
making informed choices; training, support and assistance in personal
hygiene tasks; training, support and assistance in self-care tasks;
training, support and assistance in general household chores including
meal preparation; mobility training; training, support and assistance in
personal health care; training to maximize personal financial manage-
ment; training, support and assistance in appropriate normative social
behaviors and community inclusion activities; training in fire evacu-
ation procedures and other appropriate life safety activities; and
necessary transportation. The Legislature shall appropriate the funding
necessary to support such supplemental payment on an annual basis. In no
event shall the adult home or assisted living program at Camphill Ghent
be required to be licensed under any provision of the mental hygiene law
by virtue of such supplemental payment or the services it supports.
S 5. Camphill Ghent shall be exempt from the following provisions of
the social services law: subdivision 6 of section 461-c of the social
services law regarding retention standards in adult care facilities;
S. 4851--A 4
subdivision 4 of section 461-d of the social services law regarding
compensation of residents of certain adult care facilities for services
performed on behalf of such adult care facility; and subparagraph (ii)
of paragraph (d) of subdivision 1 of section 461-l of the social
services law regarding retention standards in assisted living programs.
Camphill Ghent shall also be exempt from subdivision 15 of section 4651
and section 4654 of the public health law regarding enhanced assisted
living certification. The exemption from subdivision 6 of section 461-c
of the social services law and subparagraph (ii) of paragraph (d) of
subdivision 1 of section 461-l of the social services law shall apply
only to the extent that Camphill Ghent meets the requirements of section
three of this act.
S 6. This act shall take effect immediately.
