The New York State Senate

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

                                  5139

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of  A.  STEVENSON  --  read once and referred to the
  Committee on Aging

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  establishing  a temporary moratorium on the construction
  and/or opening of new adult day care centers; and  providing  for  the
  repeal of such provisions upon expiration thereof

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

  Section 1. Legislative findings and  intent.  The  legislature  hereby
finds  that  there  has been a substantial increase in the number of new
adult day care centers constructed and/or opened  in  the  city  of  New
York,  leading  to concerns regarding the quality of and actual need for
additional adult day care centers within the five boroughs. The legisla-
ture declares that the absence of a statute authorizing  the  department
of  buildings  of  the city of New York to institute a moratorium on the
construction and/or opening of such  new  adult  day  care  centers  has
created  confusion and uncertainty as to the services and general super-
vision that such centers should provide to the elderly  and  individuals
with disabilities. However, the legislature finds that such a moratorium
should not affect current adult day care centers that are open and oper-
ating on or before the effective date of this act.
  S  2.  The  administrative  code of the city of New York is amended by
adding a new section 28-105.13 to read as follows:
  S 28-105.13 TEMPORARY MORATORIUM ON CONSTRUCTION AND/OR OPENING OF NEW
ADULT DAY CARE CENTERS. 1. FOR THE PURPOSES OF THIS SECTION, "ADULT  DAY
CARE CENTER" OR "ADULT DAY SERVICE" SHALL MEAN A NON-RESIDENTIAL FACILI-
TY  PROVIDING  MEALS,  ACTIVITIES,  SOCIAL AND RECREATIONAL OUTINGS, AND
GENERAL SUPERVISION FOR THE ELDERLY AND/OR INDIVIDUALS WITH DISABILITIES
WITH A VARIETY OF MEDICAL NEEDS. AN ADULT DAY CARE CENTER IS ALSO  TYPI-
CALLY ASSIGNED A UNIQUE NATIONAL PROVIDER IDENTIFIER (NPI) NUMBER BY THE
FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08891-01-3

A. 5139                             2

  2.  THERE  SHALL BE A THREE-YEAR MORATORIUM ON THE CONSTRUCTION AND/OR
OPENING OF NEW ADULT DAY CARE CENTERS WITHIN THE CITY OF NEW YORK. AS OF
THE EFFECTIVE DATE OF THIS SECTION, NO NEW ADULT DAY CARE  CENTER  SHALL
BE  CONSTRUED  OR OPENED WITHIN THE CITY OF NEW YORK DURING THE DURATION
OF  SUCH  MORATORIUM. FOR THE DURATION OF THE MORATORIUM, THE DEPARTMENT
OF BUILDINGS OF THE CITY OF NEW YORK  SHALL  NOT  ISSUE  A  CONSTRUCTION
PERMIT  OR  A  CERTIFICATE OF OCCUPANCY TO ANY ADULT DAY CARE CENTER NOT
PREVIOUSLY OPEN AND OPERATING AS OF THE EFFECTIVE DATE OF THIS SECTION.
  3. ADULT DAY CARE CENTERS LOCATED WITHIN THE CITY OF NEW YORK THAT ARE
OPEN AND OPERATING AND HAVE BEEN ASSIGNED A NPI NUMBER AS OF THE  EFFEC-
TIVE  DATE  OF THIS SECTION ARE EXEMPT FROM THE MORATORIUM INSTITUTED BY
THIS SECTION.
  4. IN THE EVENT AN EXISTING ADULT  DAY  CARE  CENTER  REFERRED  TO  IN
SUBDIVISION  THREE  OF THIS SECTION IS PROVIDING SERVICES TO THE MAXIMUM
NUMBER OF ADULTS IT CAN SERVE IN  ITS  CURRENT  EXISTING  FACILITY,  THE
OWNER OR OPERATOR OF SUCH CENTER CAN SEEK TO EXPAND THE EXISTING FACILI-
TY,  CONSTRUCT  A NEW CENTER OR OPEN AN ADDITIONAL CENTER. HOWEVER, SUCH
EXPANSION, CONSTRUCTION OR OPENING  OF  AN  ADDITIONAL  CENTER  MUST  BE
COMPLETED WITHIN THE SAME CONGRESSIONAL DISTRICT.
  S  3.  This act shall take effect July 1, 2013 and shall expire and be
deemed repealed 3 years after such date.