S T A T E O F N E W Y O R K
________________________________________________________________________
1719--A
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. GUNTHER, SCHIMEL, KOLB, COOK -- Multi-Sponsored
by -- M. of A. BARCLAY -- read once and referred to the Committee on
Health -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public health law, in relation to authorizing adult
day care programs to provide certain services at the site of a volun-
tary residential health care facility rightsizing demonstration
program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2801-e of the public health law is amended by
adding a new subdivision 8 to read as follows:
8. CONSISTENT WITH THE DEVELOPMENT OF LESS RESTRICTIVE AND LESS
INSTITUTIONAL LONG-TERM CARE SERVICES THROUGH THE VOLUNTARY RESIDENTIAL
HEALTH CARE FACILITY DEMONSTRATION PROGRAM, THIS SUBDIVISION PROVIDES
ADULT DAY HEALTH CARE PROGRAMS WITH PROGRAMMATIC FLEXIBILITY TO MEET THE
NEEDS OF SENIORS AND THE DISABLED IN THE COMMUNITY WITHIN THE MANDATORY
MANAGED CARE ENVIRONMENT. NOTWITHSTANDING ANY PROVISION OF LAW OR REGU-
LATION TO THE CONTRARY, APPROVED ADULT DAY HEALTH CARE PROGRAMS, AT THE
INITIATIVE OF A PROGRAM AND UPON NOTIFICATION TO THE DEPARTMENT, MAY
PROVIDE SERVICES TO PERSONS WITH HEALTH CARE NEEDS, HEALTH CARE AND
SOCIAL NEEDS OR ONLY SOCIAL NEEDS AT THE SAME TIME AND WITHIN THE SAME
LOCATION UP TO ONE HUNDRED THIRTY PERCENT OF THE PROGRAM'S APPROVED
CAPACITY. ADULT DAY CARE PROGRAMS MAY PROVIDE AN ENROLLED INDIVIDUAL A
SUBSET OF ADULT DAY HEALTH CARE SERVICES REQUIRED UNDER DEPARTMENT REGU-
LATIONS PURSUANT TO A SERVICE PLAN, PLAN OF CARE OR CARE PLAN AGREED
UPON BY THE ADULT DAY HEALTH CARE PROGRAM AND A MANAGED CARE ORGANIZA-
TION AUTHORIZED TO PROVIDE SERVICES UNDER THE MEDICAL ASSISTANCE
PROGRAM. NOTHING IN THIS SUBDIVISION SHALL DIMINISH THE DEPARTMENT'S
OVERSIGHT OF ADULT DAY HEALTH PROGRAMS AND THE DEPARTMENT MAY REVOKE THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02977-02-3
A. 1719--A 2
AUTHORITY GRANTED IN THIS SUBDIVISION PROVIDED THAT THE DEPARTMENT
OFFERS THE OPPORTUNITY FOR A PUBLIC HEARING AS PROVIDED FOR IN SUBPARA-
GRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TEN OF SECTION TWENTY-EIGHT
HUNDRED ONE-A OF THIS ARTICLE.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law, and the department of health is authorized and
directed to promulgate, amend and/or repeal, on an emergency basis, any
rules and regulations necessary to implement the provisions of this act.