Senate Bill S4875B

Signed By Governor

2011-2012 Legislative Session

Exempts the Rudolf Steiner Fellowship Foundation, Inc. from the requirement to acquire an enhanced assisted living certificate

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2011	signed chap.476
Aug 05, 2011	delivered to governor
Jun 07, 2011	returned to senate passed assembly ordered to third reading cal.490 substituted for a7713a
Jun 06, 2011	referred to health delivered to assembly passed senate
May 24, 2011	amended on third reading 4875b
May 09, 2011	advanced to third reading amended 4875a
May 04, 2011	2nd report cal.
May 03, 2011	1st report cal.524
Apr 27, 2011	referred to health

Votes

- Jun 6, 2011 - Floor Vote
  S4875B
  
  Aye
  
  61
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 6, 2011
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      absent (1)
      
      Parker
  May 3, 2011 - Health Committee Vote
  S4875B
  
  Aye
  
  12
  
  Nay
  
  0
  
  Aye with Reservations
  
  5
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: May 3, 2011
      
      aye (12)
      
      Ball
      
      Farley
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Seward
      
      Smith
      
      Young
      
      aye wr (5)
      
      Adams
      
      Duane
      
      Kruger
      
      Rivera
      
      Stewart-Cousins

Bill Amendments

Original

B (Active)

co-Sponsors

2011-S4875 - Details

See Assembly Version of this Bill:: A7713
Law Section:: Health
Laws Affected:: Amd §2, Chap 155 of 1986

2011-S4875 - Summary

Exempts the Rudolf Steiner Fellowship Foundation, Inc. from the requirement to acquire an enhanced assisted living certificate if retaining residents requiring continual medical or nursing care.

2011-S4875 - Sponsor Memo

                                BILL NUMBER:S4875

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill affirms that the Fellowship Community can continue to
operate as an adult care facility (ACF) and care for people with
advanced needs, without having to become an enhanced assisted living
residence per article 46-B of the public health law.

SUMMARY OF SPECIFIC PROVISIONS:
The bill amends Section 2 of chapter 155
of the laws of 1986, to exempt the Fellowship Community from section
4654 of the public health law, regarding the requirement to apply for
enhanced assisted living licensure if retaining persons in need of
care beyond the ACF retention standards.

JUSTIFICATION:
The Fellowship Community has provided care to the elderly in an

intergenerational community since 1966. The Community is a unique
organization in which the operation of the adult care facility and
the caring for the elders involves the entire community, young and
old. This philosophy engages all members of the Community and fosters
relationships, to the benefit of all.

Recognizing the unique nature of the Fellowship Community, laws were
passed in 1986 and 1996 that exempted the community from certain
aspects of social services law. In the laws of 1986, the Fellowship
Community was statutorily exempted from the section of social
services law requiring ACFs to adhere to certain retention standards.
This legislation extends the logic of that provision, clarifying that
the Fellowship Community would be exempt also from the Assisted
Living Reform Act, which requires facilities that care for people who
have exceeded the retention standards of ACFs to apply for enhanced
assisted living residence licensure.

Aside from the unique ways in which care is organized, physicians are
an integral part of the Fellowship Community, providing a level of
oversight that is greater than typical ACFs in the state. The
Community also is subject to additional oversight from an outside
entity to ensure that the care of those people exceeding the
retention standards is being met. Reports indicate a consistently
high level of care, as well as quality of life since 1986.

The unique philosophy of care and services of the Community is such
that the legislature enacts this statute to affirm that the
Fellowship Community can continue to operate as it does and care for
people with advanced needs, without having to become an enhanced
assisted living residence per article 46-8 of the public health law.


PRIOR LEGISLATIVE HISTORY:
In 1986 and 1996, the legislature passed laws exempting the Fellowship
Community from aspects of social services law. Specifically, in the
laws of 1996, the legislature exempted the Fellowship Community from
having to adhere to the ACF retention standards in social services
law. This bill essentially extends this philosophy, to clarify that
is also exempt from an aspect of 46B of the public health law, which
was subsequently passed in 2004.

FISCAL IMPLICATIONS:
This will save the state Medicaid dollars by preventing unnecessary
nursing home placement.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4875 - Bill Text download pdf

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

                                  4875

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by Sens. HANNON, CARLUCCI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

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.  Subdivision  1 of 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, as amended
by chapter 527 of the laws of 1996, is amended to read as follows:
  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  subdivision  two of section four hundred
sixty-one-a, subdivision six of section four hundred sixty-one-c, subdi-
vision 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 facilities licensed or operated  pursuant  to
articles  nineteen,  [twenty-three,]  twenty-nine  and thirty-one of the
mental hygiene law and providing that the  number  of  persons  retained

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11102-01-1

S. 4875                             2

under  this  exemption  shall not equal or exceed the minimum number for
nursing facilities.
  The  fellowship  community  shall adhere to those department of social
services rules and regulations relating to the  operation  of  an  adult
care  facility  which directly affect the health and safety of residents
and all additional regulations which the department of [social services]
HEALTH may deem necessary.
  THE FELLOWSHIP COMMUNITY  SHALL  BE  EXEMPT  FROM  THE  PROVISIONS  OF
SECTION  FORTY-SIX  HUNDRED  FIFTY-FOUR  OF  ARTICLE  FORTY-SIX-B OF THE
PUBLIC HEALTH LAW, RELATING TO THE REQUIREMENT  TO  OBTAIN  AN  ENHANCED
ASSISTED  LIVING  CERTIFICATE  IF  PROVIDING AGING IN PLACE BY RETAINING
RESIDENTS DESCRIBED IN SUBDIVISION FIFTEEN OF SECTION FORTY-SIX  HUNDRED
FIFTY-ONE OF SUCH ARTICLE.
  S 2. This act shall take effect immediately.

co-Sponsors

2011-S4875A - Details

See Assembly Version of this Bill:: A7713
Law Section:: Health
Laws Affected:: Amd §2, Chap 155 of 1986

2011-S4875A - Summary

Exempts the Rudolf Steiner Fellowship Foundation, Inc. from the requirement to acquire an enhanced assisted living certificate if retaining residents requiring continual medical or nursing care.

2011-S4875A - Sponsor Memo

                                BILL NUMBER:S4875A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill affirms that the Fellowship Community can continue to
operate as an adult care facility (ACF) and care for people with
advanced needs, without having to become an enhanced assisted living
residence per article 46-B of the public health law.

SUMMARY OF SPECIFIC PROVISIONS:
The bill amends Section 2 of chapter 155
of the laws of 1986, to exempt the Fellowship Community from section
4654 of the public health law, regarding the requirement to apply for
enhanced assisted living licensure if retaining persons in need of
care beyond the ACF retention standards.

JUSTIFICATION:
The Fellowship Community has provided care to the elderly in an

intergenerational community since 1966. The Community is a unique
organization in which the operation of the adult care facility and
the caring for the elders involves the entire community, young and
old. This philosophy engages all members of the Community and fosters
relationships, to the benefit of all.

Recognizing the unique nature of the Fellowship Community, laws were
passed in 1986 and 1996 that exempted the community from certain
aspects of social services law. In the laws of 1986, the Fellowship
Community was statutorily exempted from the section of social
services law requiring ACFs to adhere to certain retention standards.
This legislation extends the logic of that provision, clarifying that
the Fellowship Community would be exempt also from the Assisted
Living Reform Act, which requires facilities that care for people who
have exceeded the retention standards of ACFs to apply for enhanced
assisted living residence licensure.

Aside from the unique ways in which care is organized, physicians are
an integral part of the Fellowship Community, providing a level of
oversight that is greater than typical ACFs in the state. The
Community also is subject to additional oversight from an outside
entity to ensure that the care of those people exceeding the
retention standards is being met. Reports indicate a consistently
high level of care, as well as quality of life since 1986.

The unique philosophy of care and services of the Community is such
that the legislature enacts this statute to affirm that the
Fellowship Community can continue to operate as it does and care for
people with advanced needs, without having to become an enhanced
assisted living residence per article 46-8 of the public health law.


PRIOR LEGISLATIVE HISTORY:
In 1986 and 1996, the legislature passed laws exempting the Fellowship
Community from aspects of social services law. Specifically, in the
laws of 1996, the legislature exempted the Fellowship Community from
having to adhere to the ACF retention standards in social services
law. This bill essentially extends this philosophy, to clarify that
is also exempt from an aspect of 46B of the public health law, which
was subsequently passed in 2004.

FISCAL IMPLICATIONS:
This will save the state Medicaid dollars by preventing unnecessary
nursing home placement.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4875A - Bill Text download pdf

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

                                 4875--A
    Cal. No. 524

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by Sens. HANNON, CARLUCCI -- read twice and ordered printed,
  and when printed to  be  committed  to  the  Committee  on  Health  --
  reported  favorably  from  said committee, ordered to first and second
  report, amended on second report, ordered to a third reading,  and  to
  be  reprinted  as  amended,  retaining its place in 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

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

                                                           LBD11102-02-1

S. 4875--A                          2

in  a hospital, nor supervision which would require placement in facili-
ties licensed or operated pursuant to articles nineteen, [twenty-three,]
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 Statewide
Professional Standards  Review  Council,  Inc.,  or  other  professional
review  organization  designated or approved pursuant to federal statute
AND DESIGNATED 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 Standards Review Council, Inc., or  other  approved  review
organization  shall  furnish  the department of [social services] HEALTH
and the fellowship community with a report within fourteen  days  of  an
evaluation  which  specifies  the  quality  of  care  and services being
provided to the designated residents and shall set forth  directions  as
to the manner and time in which deficiencies 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 organiza-
tion. If changes are not undertaken in the manner and time periods spec-
ified in such reports and to the satisfaction of the professional review
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
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 allowed in subdivision one of
section two of this act, or may impose any enforcement action authorized
by section four hundred sixty-d of the social services law.
  S 2. This act shall take effect immediately.

co-Sponsors

2011-S4875B (ACTIVE) - Details

See Assembly Version of this Bill:: A7713
Law Section:: Health
Laws Affected:: Amd §2, Chap 155 of 1986

2011-S4875B (ACTIVE) - Summary

Exempts the Rudolf Steiner Fellowship Foundation, Inc. from the requirement to acquire an enhanced assisted living certificate if retaining residents requiring continual medical or nursing care.

2011-S4875B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4875B

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill affirms that the Fellowship Community can continue to
operate as an adult care facility (ACF) and care for people with
advanced needs, without having to become an enhanced assisted living
residence per article 46-B of the public health law.

SUMMARY OF SPECIFIC PROVISIONS:
The bill amends Section 1 of chapter 527 of the laws of 1996, to
exempt the Fellowship Community from section 4654 of the public
health law, regarding the requirement to apply for enhanced assisted
living licensure if retaining persons in need of care beyond the ACF
retention standards. It also clarifies current practice that a health
care consulting organization designated or approved by the department
of health shall evaluate the quality of care and services being
provided.

JUSTIFICATION:

The Fellowship Community has provided care to the elderly in an
intergenerational community since 1966. The Community is a unique
organization in which the operation of the adult care facility and
the caring for the elders involves the entire community, young and
old. This philosophy engages all members of the Community and fosters
relationships, to the benefit of all.

Recognizing the unique nature of the Fellowship Community, laws were
passed in 1986 and 1996 that exempted the community from certain
aspects of social services law. In the laws of 1986, the Fellowship
Community was statutorily exempted from the section of social
services law requiring ACFs to adhere to certain retention standards.
This legislation extends the logic of that provision, clarifying that
the Fellowship Community would be exempt also from the Assisted
Living Reform Act, which requires facilities that care for people who
have exceeded the retention standards of ACFs to apply for enhanced
assisted living residence licensure.

Aside from the unique ways in which care is organized, physicians are
an integral part of the Fellowship Community, providing a level of
oversight that is greater than typical ACFs in the state. The
Community also is subject to additional oversight from an outside
entity to ensure that the care of those people exceeding the
retention standards is being met. Reports
indicate a consistently high level of care, as well as quality of life
since 1986.


The unique philosophy of care and services of the Community is such
that the legislature enacts this statute to affirm that the
Fellowship Community can continue to operate as it does and care for
people with advanced needs, without having to become an enhanced
assisted living residence per article 46-B of the public health law.

PRIOR LEGISLATIVE HISTORY:
In 1986 and 1996, the legislature passed laws exempting the Fellowship
Community from aspects of social services law. Specifically, in the
laws of 1996, the legislature exempted the Fellowship Community from
having to adhere to the ACF retention standards in social services
law. This bill essentially extends this philosophy, to clarify that
it is also exempt from an aspect of 46B of the public health law, which
was subsequently passed in 2004.

FISCAL IMPLICATIONS:
This will save the state Medicaid dollars by preventing unnecessary
nursing home placement.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4875B (ACTIVE) - Bill Text download pdf

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

                                 4875--B
    Cal. No. 524

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by Sens. HANNON, CARLUCCI -- read twice and ordered printed,
  and when printed to  be  committed  to  the  Committee  on  Health  --
  reported  favorably  from  said committee, ordered to first and second
  report, amended on second report, ordered to a third reading,  and  to
  be  reprinted  as  amended,  retaining its place in the order of third
  reading -- again amended and ordered reprinted, retaining its place in
  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

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

                                                           LBD11102-04-1

S. 4875--B                          2

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,]
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.

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Senate Bill S4875B

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

Jun 6, 2011 - Floor Vote

Floor Vote: Jun 6, 2011

May 3, 2011 - Health Committee Vote

Health Committee Vote: May 3, 2011

Bill Amendments

co-Sponsors

2011-S4875 - Details

2011-S4875 - Summary

2011-S4875 - Sponsor Memo

2011-S4875 - Bill Text download pdf

co-Sponsors

2011-S4875A - Details

2011-S4875A - Summary

2011-S4875A - Sponsor Memo

2011-S4875A - Bill Text download pdf

co-Sponsors

2011-S4875B (ACTIVE) - Details

2011-S4875B (ACTIVE) - Summary

2011-S4875B (ACTIVE) - Sponsor Memo

2011-S4875B (ACTIVE) - Bill Text download pdf

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Senate Bill S4875B

Signed By Governor

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Bill Amendments

co-Sponsors

David Carlucci

2011-S4875 - Details

2011-S4875 - Summary

2011-S4875 - Sponsor Memo

2011-S4875 - Bill Text download pdf

co-Sponsors

David Carlucci

2011-S4875A - Details

2011-S4875A - Summary

2011-S4875A - Sponsor Memo

2011-S4875A - Bill Text download pdf

co-Sponsors

David Carlucci

2011-S4875B (ACTIVE) - Details

2011-S4875B (ACTIVE) - Summary

2011-S4875B (ACTIVE) - Sponsor Memo

2011-S4875B (ACTIVE) - Bill Text download pdf

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