S T A T E   O F   N E W   Y O R K
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                                 4894--A
    Cal. No. 794

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 28, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the public health law and the social  services  law,  in
  relation to assisted living residence pre-admission simplification

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

  Section 1. Section 4657 of the public health law, as added by  chapter
2  of the laws of 2004, is amended by adding a new subdivision 3 to read
as follows:
  3. (A) AT THE TIME OF THE ADMISSION TO AN ASSISTED LIVING RESIDENCE, A
RESIDENT SHALL SUBMIT TO THE FACILITY A WRITTEN REPORT FROM A PHYSICIAN,
A PHYSICIAN ASSISTANT OR A NURSE PRACTITIONER, WHICH REPORT SHALL STATE:
  (I) THAT THE PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER  HAS
PHYSICALLY  EXAMINED  THE RESIDENT WITHIN ONE MONTH AND THE DATE OF SUCH
EXAMINATION;
  (II) THAT THE RESIDENT IS NOT IN NEED OF ACUTE OR LONG TERM MEDICAL OR
NURSING CARE WHICH WOULD REQUIRE PLACEMENT IN A HOSPITAL OR  RESIDENTIAL
HEALTH CARE FACILITY; AND
  (III) THAT THE RESIDENT IS NOT OTHERWISE MEDICALLY OR MENTALLY UNSUIT-
ABLE FOR CARE IN THE FACILITY.
  (B) FOR THE PURPOSE OF CREATING AN ACCESSIBLE AND AVAILABLE RECORD AND
ASSURING  THAT  A  RESIDENT  IS  PROPERLY PLACED IN SUCH A FACILITY, THE
REPORT SHALL CONTAIN THE  RESIDENT'S  SIGNIFICANT  MEDICAL  HISTORY  AND
CURRENT  CONDITIONS,  THE PRESCRIBED MEDICATION REGIMEN, RECOMMENDATIONS
FOR DIET, THE ASSISTANCE NEEDED IN THE ACTIVITIES OF DAILY  LIVING,  AND
WHERE APPROPRIATE, RECOMMENDATIONS FOR EXERCISE, RECREATION AND FREQUEN-
CY OF MEDICAL EXAMINATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11099-03-1
              

S. 4894--A                          2

  (C)  SUCH  RESIDENT  SHALL  THEREAFTER  BE  EXAMINED BY A PHYSICIAN, A
PHYSICIAN ASSISTANT OR A NURSE PRACTITIONER AT LEAST ANNUALLY, AND SHALL
SUBMIT AN ANNUAL WRITTEN REPORT IN CONFORMITY  WITH  THE  PROVISIONS  OF
THIS SUBDIVISION.
  (D)  FOLLOWING  A  RESIDENT'S STAY IN A HOSPITAL OR RESIDENTIAL HEALTH
CARE FACILITY,  UPON  RETURN  TO  THE  ASSISTED  LIVING  RESIDENCE,  THE
ASSISTED  LIVING RESIDENCE SHALL NOT BE REQUIRED TO OBTAIN THE REPORT IN
PARAGRAPH (A) OF THIS SUBDIVISION, AND INSTEAD SHALL OBTAIN A  STATEMENT
FROM THE DISCHARGING FACILITY WHICH SHALL:
  (I) STATE THAT THE RESIDENT IS APPROPRIATE TO RETURN TO THE RESIDENCE;
AND
  (II)  INCLUDE  THE  REASON  FOR  THE  STAY,  THE  TREATMENT PLAN TO BE
FOLLOWED, AND ANY NEW OR CHANGED ORDERS, INCLUDING MEDICATIONS.
  THE STATEMENT SHALL BE COMPLETED BY A PHYSICIAN, A PHYSICIAN ASSISTANT
OR A NURSE PRACTITIONER.
  (E) NOTHING REQUIRED IN THIS SUBDIVISION SHALL REQUIRE THE USE  OF  AN
IDENTICAL  FORM IN ADULT CARE FACILITIES AND ASSISTED LIVING RESIDENCES,
EITHER UPON ADMISSION OR RETURN.
  S 2. Subdivision 7 of section 461-c of the  social  services  law,  as
added by chapter 601 of the laws of 1981, is amended to read as follows:
  7.  (a)  At the time of the admission to an adult care facility, other
than a shelter for adults, a resident shall submit  to  the  facility  a
written  report from a physician, A PHYSICIAN ASSISTANT OR A NURSE PRAC-
TITIONER, which report shall state:
  (i) that the physician, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER  has
physically  examined  the resident within one month and the date of such
examination;
  (ii) that the resident is not in need of acute or long term medical or
nursing care which would require placement in a hospital or  residential
health care facility; and
  (iii)  that  the  resident  is  not  otherwise  medically  or mentally
unsuited for care in the facility.
  (b) For the purpose of creating an accessible and available record and
assuring that a resident is properly placed  in  such  a  facility,  the
[physician's]  report  shall  also  contain  the  resident's significant
medical history and current conditions, the prescribed medication  regi-
men,  and  recommendations for diet, the assistance needed in the activ-
ities of daily living and where appropriate, recommendations  for  exer-
cise, recreation and frequency of medical examinations.
  (c)  Such  resident  shall  thereafter  be  examined by a physician, A
PHYSICIAN ASSISTANT OR A NURSE PRACTITIONER, at least annually and shall
submit an annual written report [from his physician] in conformity  with
the provisions of this subdivision.
  (D)  FOLLOWING  A  RESIDENT'S STAY IN A HOSPITAL OR RESIDENTIAL HEALTH
CARE FACILITY, UPON RETURN TO THE ADULT CARE FACILITY,  THE  ADULT  CARE
FACILITY  SHALL NOT BE REQUIRED TO OBTAIN THE REPORT IN PARAGRAPH (A) OF
THIS  SUBDIVISION,  AND  INSTEAD  SHALL  OBTAIN  A  STATEMENT  FROM  THE
DISCHARGING FACILITY WHICH SHALL:
  (I)  STATE THAT THE RESIDENT IS APPROPRIATE TO RETURN TO THE FACILITY;
AND
  (II) INCLUDE THE REASON FOR THE RESIDENT'S STAY, THE TREATMENT PLAN TO
BE FOLLOWED, AND ANY NEW OR CHANGED ORDERS, INCLUDING MEDICATIONS.
  THE STATEMENT SHALL BE COMPLETED BY A PHYSICIAN, A PHYSICIAN ASSISTANT
OR A NURSE PRACTITIONER.

S. 4894--A                          3

  (E) NOTHING REQUIRED IN THIS SECTION SHALL REQUIRE THE USE OF AN IDEN-
TICAL FORM IN ADULT CARE  FACILITIES  AND  ASSISTED  LIVING  RESIDENCES,
EITHER UPON ADMISSION OR RETURN.
  S 3. This act shall take effect immediately.