S T A T E O F N E W Y O R K
________________________________________________________________________
4124
2013-2014 Regular Sessions
I N S E N A T E
March 11, 2013
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Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
AN ACT to amend the public health law, in relation to establishing the
independent senior housing resident freedom of choice act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be referred to
as the "independent senior housing resident freedom of choice act".
S 2. Paragraph (j) of subdivision 1 of section 4651 of the public
health law, as added by chapter 2 of the laws of 2004, is amended to
read as follows:
(j) independent senior housing, shelters or residences for adults. For
purposes of this article and for purposes of determining certification
pursuant to article seven of the social services law, the department
shall by regulation, define independent senior housing, provided such
definition shall be based on whether the operator does not provide,
arrange for, or coordinate personal care services or home care services
on behalf of residents; and the [facility] OPERATOR does not provide
case management services in a congregate care setting for residents.
Nothing in this chapter shall preclude [a resident of]: (I) ANY inde-
pendent senior housing RESIDENT OR ANY NUMBER OF SUCH RESIDENTS from
personally and directly obtaining [private] personal care or home care
services from [a] ANY licensed [or certified] home care SERVICES agency,
CERTIFIED HOME HEALTH AGENCY, LONG TERM HOME HEALTH CARE PROGRAM,
PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY OR OTHER MANAGED LONG
TERM CARE PROGRAM;
(II) AN AGENCY OR PROGRAM LICENSED OR APPROVED UNDER ARTICLE
THIRTY-SIX OR SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER FROM
OFFERING, ARRANGING FOR OR PROVIDING SERVICES TO THE RESIDENTS OF SUCH
HOUSING AS SUCH AGENCY IS OTHERWISE AUTHORIZED TO OFFER, ARRANGE FOR OR
PROVIDE TO ANY OTHER PERSON OR PERSONS RESIDING IN THEIR OWN HOME OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01488-02-3
S. 4124 2
APARTMENT OR IN THE HOME OF ANY OTHER RESPONSIBLE RELATIVE OR ADULT IN
THE COMMUNITY;
(III) ANY INDEPENDENT SENIOR HOUSING RESIDENT OR ANY NUMBER OF SUCH
RESIDENTS FROM PERSONALLY AND DIRECTLY CHOOSING AND OBTAINING SERVICES
FROM AN APPROPRIATELY LICENSED OR APPROVED AGENCY OR PROGRAM OFFERING
PERSONAL CARE, HOME CARE OR CASE MANAGEMENT SERVICES, OR FROM OBTAINING,
PERSONALLY AND DIRECTLY, TECHNOLOGIES THAT ASSIST IN MAINTAINING INDE-
PENDENCE; OR
(IV) AN INDEPENDENT SENIOR HOUSING OPERATOR FROM OFFERING ROOM, BOARD,
LAUNDRY, HOUSEKEEPING, INFORMATION AND REFERRAL, SECURITY, TRANSPORTA-
TION OR CONCIERGE-LIKE SERVICES; ASSISTING TENANTS WITH HOUSING ISSUES;
PROVIDING INFORMATION TO TENANTS ABOUT SERVICES AND ACTIVITIES AVAILABLE
IN THE COMMUNITY; ASSISTING TENANTS WISHING TO DO SO IN CONNECTING WITH
SUCH SERVICES AND ACTIVITIES; PROVIDING ACCESS TO SUCH SERVICES AND
ACTIVITIES; AND CONTACTING APPROPRIATE RESPONDERS IN AN EMERGENCY OR
OTHER SITUATION INVOLVING ANY TENANTS THAT APPEARS TO WARRANT IMMEDIATE
ATTENTION, ASSISTANCE OR INTERVENTION.
S 3. This act shall take effect immediately.