S T A T E O F N E W Y O R K
________________________________________________________________________
5183
2013-2014 Regular Sessions
I N A S S E M B L Y
February 21, 2013
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to enhancing the
quality of adult living program for adult care facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 461-s of the social services law, as added by
section 21 of part D of chapter 56 of the laws of 2012, is amended to
read as follows:
S 461-s. Enhancing the quality of adult living program for adult care
facilities. 1. The commissioner of health shall establish the enhanced
quality of adult living program (referred to in this section as the
"EQUAL program" or the "program") for adult care facilities. The program
shall be targeted at improving the quality of life for adult care facil-
ity residents by means of grants to facilities for specified purposes.
The department of health, subject to the approval of the director of the
budget, shall develop an allocation methodology taking into account the
financial status and size of the facility as well as resident needs.
2. (A) No payment shall be made under the program to a facility that,
IN THE PRECEDING YEAR:
(I) has received official written notice from the department of a
proposed revocation, suspension, limitation or denial of the operator's
operating certificate[.];
(II) HAS RECEIVED ISSUANCE OF A DEPARTMENT ORDER UNDER SUBDIVISION TWO
OF SECTION FOUR HUNDRED SIXTY-D OF THIS ARTICLE; A PROPOSED ASSESSMENT
OF CIVIL PENALTIES FOR A VIOLATION OF SUBPARAGRAPH TWO OF PARAGRAPH (B)
OF SUBDIVISION SEVEN OF SECTION FOUR HUNDRED SIXTY-D OF THIS ARTICLE;
THE GRANTING OF EQUITABLE RELIEF UNDER SUBDIVISION FIVE OF SECTION FOUR
HUNDRED SIXTY-D OF THIS ARTICLE; OR THE ISSUANCE OF A COMMISSIONER'S
ORDER UNDER SUBDIVISION EIGHT OF SECTION FOUR HUNDRED SIXTY-D OF THIS
ARTICLE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01612-01-3
A. 5183 2
(III) IS SUBJECT TO AN ORDER BY A COURT OF COMPETENT JURISDICTION OR
AN APPROVED SETTLEMENT AGREEMENT WHICH AFFIRMS THAT THE RIGHTS AFFORDED
TO RESIDENTS OF ADULT CARE FACILITIES AS PROVIDED FOR BY SECTION FOUR
HUNDRED SIXTY-ONE-D OF THIS ARTICLE HAVE BEEN VIOLATED; OR
(IV) HAS FAILED TO COMPLY WITH SUBDIVISION FIVE OF THIS SECTION.
(B) WHEN PAYMENT IS DENIED UNDER THIS SUBDIVISION, THE DEPARTMENT
SHALL DETERMINE THE MEANS WHEREBY PAYMENT SHALL BE MADE TO THE RESIDENTS
LIVING IN THE FACILITY IN ENFORCEMENT, PROVIDED THAT THE FUNDS WILL
SUPPORT EXPENSES THAT DIRECTLY BENEFIT THE RESIDENTS.
3. Prior to applying for EQUAL program funds, a facility shall receive
approval of its expenditure plan from the residents' council for the
facility. THE RESIDENTS' COUNCIL SHALL IDENTIFY THE PRIORITIES OF THE
MAJORITY OF RESIDENTS FOR THE USE OF THE PROGRAM FUNDS AND DOCUMENT
RESIDENTS' TOP PREFERENCES BY MEANS OF A VOTE OR SURVEY. THE PLAN SHALL
DETAIL HOW PROGRAM FUNDS WILL BE USED TO IMPROVE THE PHYSICAL ENVIRON-
MENT OF THE FACILITY OR THE QUALITY OF CARE AND SERVICES RENDERED TO
RESIDENTS AND MAY INCLUDE, BUT NOT BE LIMITED TO, STAFF TRAINING, AIR
CONDITIONING IN RESIDENTS' AREAS, CLOTHING, IMPROVEMENTS IN FOOD QUALI-
TY, FURNISHINGS, EQUIPMENT, SECURITY, AND MAINTENANCE OR REPAIRS TO THE
FACILITY. THE DEPARTMENT SHALL INVESTIGATE REPORTS OF RESIDENT ABUSE AND
RETALIATION RELATED TO PROGRAM APPLICATIONS AND EXPENDITURES.
4. EQUAL PROGRAM FUNDS SHALL NOT BE EXPENDED FOR A FACILITY'S DAILY
OPERATING EXPENSES, INCLUDING EMPLOYEE SALARIES OR BENEFITS, FOR
EXPENSES INCURRED RETROSPECTIVELY, OR FOR EXPENDITURES RELATED TO
CORRECTIVE ACTION AS REQUIRED BY AN INSPECTION REPORT OR AUDIT UNDER
SUBDIVISION FIVE OF THIS SECTION.
5. THE DEPARTMENT OF HEALTH SHALL CONDUCT AN ANNUAL AUDIT OF EACH
FACILITY THAT HAS RECEIVED PAYMENT UNDER THIS SECTION TO ENSURE THAT
PROGRAM FUNDS WERE SPENT AS INDICATED IN THE EXPENDITURE PLAN UPON WHICH
THE RESPECTIVE PAYMENT WAS MADE. AT THE COMPLETION OF THE AUDIT, THE
FACILITY SHALL PREPARE A CORRECTIVE ACTION PLAN TO ADDRESS OR DISPUTE
EACH NEGATIVE AUDIT FINDING INCLUDED IN THE CURRENT YEAR AUDITOR'S
REPORTS. THE CORRECTIVE ACTION PLAN SHALL PROVIDE THE NAMES OF THE
CONTACT PERSONS RESPONSIBLE FOR CORRECTIVE ACTION, THE CORRECTIVE ACTION
PLANNED, AND THE ANTICIPATED COMPLETION DATE.
6. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS
SECTION.
S 2. This act shall take effect immediately.