S T A T E O F N E W Y O R K
________________________________________________________________________
7798
2013-2014 Regular Sessions
I N A S S E M B L Y
June 4, 2013
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the commission on
accreditation of rehabilitation facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of section 4653 of the public health
law, as added by chapter 2 of the laws of 2004, is amended to read as
follows:
In order to operate as assisted living, an operator shall be licensed
as an adult home or enriched housing program and apply and be approved
for licensure with the commissioner pursuant to this article. THE
COMMISSIONER SHALL ACCEPT A CURRENT ACCREDITATION REPORT FROM A
NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION
ON ACCREDITATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF INITIAL
LICENSURE APPROVAL AS AN ASSISTED LIVING RESIDENCE, ENHANCED ASSISTED
LIVING RESIDENCE, AND/OR A SPECIAL NEEDS ASSISTED LIVING RESIDENCE. FOR
OPERATORS NOT LICENSED AS AN ADULT HOME OR ENRICHED HOUSING PROGRAM, THE
ACCREDITATION REPORT SHALL BE ACCEPTED IN LIEU OF INITIAL LICENSURE AS
AN ADULT HOME OR ENRICHED HOUSING PROGRAM SIMULTANEOUSLY WITH ASSISTED
LIVING RESIDENCE, ENHANCED ASSISTED LIVING RESIDENCE, AND/OR SPECIAL
NEEDS ASSISTED LIVING RESIDENCE LICENSURE. FOR OPERATORS ALREADY
LICENSED AS ADULT HOMES AND/OR ENRICHED HOUSING PROGRAMS BY THE DEPART-
MENT, THE COMMISSIONER SHALL ACCEPT A CURRENT ACCREDITATION REPORT FROM
A NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION
ON ACCREDITATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF LICEN-
SURE AS AN ASSISTED LIVING RESIDENCE, AN ENHANCED ASSISTED LIVING RESI-
DENCE, AND/OR SPECIAL NEEDS ASSISTED LIVING RESIDENCE. The operator
shall provide, SUCH AN ACCREDITATION REPORT, OR PROVIDE on an applica-
tion form developed by the commissioner, the following information to
the commissioner in order to be licensed:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11112-01-3
A. 7798 2
S 2. Paragraph (a) of subdivision 1 of section 4655 of the public
health law, as added by chapter 2 of the laws of 2004, is amended to
read as follows:
(a) Such application shall be on a form approved by the department; OR
THE OPERATOR MAY SUBMIT A CURRENT ACCREDITATION REPORT FORM A NATIONALLY
RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION ON ACCREDI-
TATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF SUCH APPLICATION.
S 3. The opening paragraph of subdivision 3 of section 4656 of the
public health law, as added by chapter 2 of the laws of 2004, is amended
and a new subdivision 9 is added to read as follows:
Approval for licensure or certification pursuant to this article may
be granted only to an applicant who SUBMITS A CURRENT ACCREDITATION
REPORT FROM A NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS
THE COMMISSION ON ACCREDITATION OF REHABILITATION FACILITIES (CARF) OR
WHO satisfactorily demonstrates:
9. THE DEPARTMENT SHALL ACCEPT A CURRENT ACCREDITATION REPORT FROM A
NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION
ON ACCREDITATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF THE
ANNUAL SURVEY REQUIRED BY PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION
FOUR HUNDRED SIXTY-ONE-A OF THE SOCIAL SERVICES LAW.
S 4. Subdivision 1 of section 4662 of the public health law, as added
by chapter 2 of the laws of 2004, is amended to read as follows:
1. The commissioner is hereby authorized to:
(a) ACCEPT A CURRENT ACCREDITATION REPORT FROM A NATIONALLY RECOGNIZED
ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION ON ACCREDITATION OF
REHABILITATION FACILITIES (CARF) IN LIEU OF INITIAL LICENSURE APPROVAL
AS AN ASSISTED LIVING RESIDENCE, ENHANCED ASSISTED LIVING RESIDENCE,
AND/OR A SPECIAL NEEDS ASSISTED LIVING RESIDENCE. FOR OPERATORS NOT
LICENSED AS AN ADULT HOME OR ENRICHED HOUSING PROGRAM, THE ACCREDITATION
REPORT SHALL BE ACCEPTED IN LIEU OF INITIAL LICENSURE AS AN ADULT HOME
OR ENRICHED HOUSING PROGRAM SIMULTANEOUSLY WITH ASSISTED LIVING RESI-
DENCE, ENHANCED ASSISTED LIVING RESIDENCE, AND/OR SPECIAL NEEDS ASSISTED
LIVING RESIDENCE LICENSURE. FOR OPERATORS ALREADY LICENSED AS ADULT
HOMES AND/OR ENRICHED HOUSING PROGRAMS BY THE DEPARTMENT, THE COMMIS-
SIONER SHALL ACCEPT A CURRENT ACCREDITATION REPORT FROM A NATIONALLY
RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION ON ACCREDI-
TATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF LICENSURE AS AN
ASSISTED LIVING RESIDENCE, AN ENHANCED ASSISTED LIVING RESIDENCE, AND/OR
SPECIAL NEEDS ASSISTED LIVING RESIDENCE BY THE DEPARTMENT;
(B) develop, in consultation with the director of the state office for
the aging, consumers, operators of assisted living residences and home
care service agency providers, a consumer information guide to inform
and assist the consumer in the selection of an assisted living resi-
dence;
[(b)] (C) promulgate, in consultation with the director of the state
office for the aging, such rules and regulations as are necessary to
implement the provisions of this article;
[(c)] (D) receive and investigate complaints regarding the condition,
operation and quality of care of any entities holding themselves out as
assisted living, or advertising themselves by a similar term;
[(d)] (E) make necessary investigations to procure information
required to implement the provisions of this article; and
[(e)] (F) exercise all other powers and functions as are necessary to
implement the provisions of this article.
S 5. This act shall take effect immediately.