Senate Bill S5628A

Signed By Governor
2013-2014 Legislative Session

Directs the department of health to develop a streamlined application and review process for adult care facility and assisted living operators who are in good standing

download bill text pdf

Sponsored By

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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Bill Amendments

co-Sponsors

2013-S5628 - Details

See Assembly Version of this Bill:
A7835
Law Section:
Social Services Law
Laws Affected:
Amd §461-b, Soc Serv L; amd §4653, Pub Health L

2013-S5628 - Summary

Directs the department of health to develop a streamlined application and review process for adult care facility and assisted living operators who are in good standing.

2013-S5628 - Sponsor Memo

2013-S5628 - Bill Text download pdf

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

                                  5628

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

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

AN ACT to amend the social services law and the public  health  law,  in
  relation  to  establishing a streamlined application process for adult
  care facility and assisted living residence operators in good standing

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

  Section  1. Subdivision 2 of section 461-b of the social services law,
as added by chapter 601 of the laws of 1981, paragraph (c) as  added  by
chapter 848 of the laws of 1992, is amended to read as follows:
  2.  (a)  No adult care facility shall be operated unless and until the
operator obtains the written approval of the department.  Such  approval
may be granted only to an operator who satisfactorily demonstrates: that
the operator is of good moral character; that the operator is financial-
ly  responsible;  that there is a public need for the facility; that the
buildings, equipment,  staff,  standards  of  care  and  records  to  be
employed  in the operation comply with applicable law and regulations of
the department and that any license or permit required by  law  for  the
operation  of such facility has been issued to such operation. In deter-
mining whether there is a public need for the facility,  the  department
shall  give  consideration to the relative concentration of such facili-
ties in the area proposed to be serviced. Such approval for family  type
home  for  adults  shall  not  be  granted unless the appropriate social
services official has made the required visitation  and  inspection  and
has submitted a report thereof to the department in accordance with this
article.
  (b)  FOR  EXISTING LICENSED OPERATORS IN GOOD STANDING, THE DEPARTMENT
SHALL DEVELOP A STREAMLINED APPLICATION REVIEW AND APPROVAL PROCESS,  IN
COLLABORATION  WITH  REPRESENTATIVES OF ASSOCIATIONS OF OPERATORS, TO BE
AVAILABLE FOR USE ON OR BEFORE JANUARY  FIRST,  TWO  THOUSAND  FOURTEEN.
NOTWITHSTANDING  ANY PROVISION OF LAW OR REGULATION TO THE CONTRARY, THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11285-01-3
              

co-Sponsors

2013-S5628A (ACTIVE) - Details

See Assembly Version of this Bill:
A7835
Law Section:
Social Services Law
Laws Affected:
Amd §461-b, Soc Serv L; amd §4653, Pub Health L

2013-S5628A (ACTIVE) - Summary

Directs the department of health to develop a streamlined application and review process for adult care facility and assisted living operators who are in good standing.

2013-S5628A (ACTIVE) - Sponsor Memo

2013-S5628A (ACTIVE) - Bill Text download pdf

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

                                 5628--A
    Cal. No. 1173

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by  Sens.  HANNON, LARKIN -- 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 the social services law and the public  health  law,  in
  relation  to  establishing a streamlined application process for adult
  care facility and assisted living residence operators in good standing

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

  Section  1. Subdivision 2 of section 461-b of the social services law,
as added by chapter 601 of the laws of 1981, paragraph (c) as  added  by
chapter 848 of the laws of 1992, is amended to read as follows:
  2.  (a)  No adult care facility shall be operated unless and until the
operator obtains the written approval of the department.  Such  approval
may be granted only to an operator who satisfactorily demonstrates: that
the operator is of good moral character; that the operator is financial-
ly  responsible;  that there is a public need for the facility; that the
buildings, equipment,  staff,  standards  of  care  and  records  to  be
employed  in the operation comply with applicable law and regulations of
the department and that any license or permit required by  law  for  the
operation  of such facility has been issued to such operation. In deter-
mining whether there is a public need for the facility,  the  department
shall  give  consideration to the relative concentration of such facili-
ties in the area proposed to be serviced. Such approval for family  type
home  for  adults  shall  not  be  granted unless the appropriate social
services official has made the required visitation  and  inspection  and
has submitted a report thereof to the department in accordance with this
article.
  (b)  FOR  EXISTING LICENSED OPERATORS IN GOOD STANDING, THE DEPARTMENT
SHALL DEVELOP A STREAMLINED APPLICATION REVIEW AND APPROVAL PROCESS,  IN
COLLABORATION  WITH  REPRESENTATIVES OF ASSOCIATIONS OF OPERATORS, TO BE
AVAILABLE FOR USE ON OR BEFORE JANUARY FIRST, TWO THOUSAND  FOURTEEN  IN
              

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