S T A T E   O F   N E W   Y O R K
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                                 5397--A
    Cal. No. 1042

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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 elder law, in  relation  to  rules  and  regulations
  pertaining to the operation of social adult day care programs

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

  Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
section 215 of the elder law is amended to read as follows:
  The  director is authorized and directed to promulgate rules and regu-
lations, establishing standards and  requirements  with  regard  to  the
operation  of  all  social  adult  day  care programs [receiving funding
pursuant to this article], REGARDLESS OF THE SOURCE OF FUNDING  UTILIZED
BY SUCH PROGRAMS, WHETHER PUBLIC OR PRIVATE. Such standards and require-
ments shall include, but not be limited to:
  S  2. Subdivision 5 of section 215 of the elder law is amended to read
as follows:
  5. Report of director. The director, after consultation  with  his  or
her  advisory committee, affected state agencies, any affected municipal
agencies and  persons  involved  in  providing  social  adult  day  care
services,  shall  make a report, on or before December thirty-first, two
thousand [five] THIRTEEN, to the governor, the  temporary  president  of
the  senate, the speaker of the assembly, the chair of the senate stand-
ing committee on aging and the chair of the assembly standing  committee
on  aging  on  the  projected costs and benefits of establishing uniform
standards and requirements with regard to operation of social adult  day
care  services  in  the  state.  The report shall include the director's
findings, recommendations and estimate of  the  fiscal  implications  of
regulating social adult day care services in the state.

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

                                                           LBD10945-03-3

S. 5397--A                          2

  S  3.  Paragraphs  (b)  and (e) of subdivision 1 of section 215 of the
elder law are amended to read as follows:
  (b) "Social adult day services" shall mean a program providing a vari-
ety  of  long  term  care services to a group of individuals, possessing
functional impairments, whether due to  physical  or  cognitive  impair-
ments, in a congregate setting and pursuant to an individualized plan of
care.  A  PERSON  OR PROGRAM SHALL BE PROHIBITED FROM HOLDING THEMSELVES
OUT AS PROVIDING SOCIAL ADULT DAY SERVICES UNLESS THEY MEET THE REQUIRE-
MENTS OF THIS PARAGRAPH.
  (e) "Social adult day care" shall mean a program providing  a  variety
of  comprehensive  services  to functionally impaired elderly persons as
defined in regulations established by the director. A PERSON OR  PROGRAM
SHALL  BE  PROHIBITED  FROM  HOLDING  THEMSELVES OUT AS PROVIDING SOCIAL
ADULT DAY CARE UNLESS THEY MEET THE REQUIREMENTS OF THIS PARAGRAPH.
  S 4. This act shall take effect immediately.