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.