senate Bill S5096

Signed By Governor
2013-2014 Legislative Session

Relates to authorizing assisted living programs to admit or retain certain residents

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Archive: Last Bill Status Via A7755 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 23, 2013 signed chap.454
Oct 11, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.1495
substituted for s5096
Jun 20, 2013 substituted by a7755
ordered to third reading cal.1495
committee discharged and committed to rules
May 08, 2013 referred to health

Votes

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S5096 - Bill Details

See Assembly Version of this Bill:
A7755
Law Section:
Social Services Law
Laws Affected:
Amd §461-l, Soc Serv L

S5096 - Bill Texts

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Relates to authorizing assisted living programs to admit or retain residents who are chairfast.

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BILL NUMBER:S5096 REVISED MEMO 05/14/13

TITLE OF BILL: An act to amend the social services law, in relation
to authorizing an assisted living program to admit or retain residents
who are chairfast under certain circumstances

PURPOSE OR GENERAL IDEA OF THE BILL:

This bill would authorize an assisted living program to admit or
retain a resident who is chairfast if such facility is equipped and
staffed to meet the needs of the resident and the resident's physician
approves the placement.

SUMMARY OF PROVISIONS:

Section 1 amends Social Services Law § 461-1(d) to add persons who are
chronically chairfast to the definition of "eligible person" in an
assisted living program (ALP). Section 2 provides for an immediate
effective date.

EXISTING LAW:

Social Services Law section 461-1(d) currently provides that the
following persons are ineligible for admission or retention to an ALP:
(1) anyone in need of continual nursing or medical care; (2) a person
who is chronically bedfast or chairfast; or (3) anyone who is
cognitively, physically or medically impaired to such a degree that
his or her safety would be endangered.

JUSTIFICATION:

The ALP is the only Medicaid-funded "assisted living" level of care in
New York, and the State's only alternative to nursing homes for
lower-income seniors on Medicaid. Allowing ALPs to admit and retain
individuals who are chronically chairfast will both save the State
money under Medicaid and allow such individuals to reside in a more
home-like setting. The ALP reimbursement rate under Medicaid is by law
50% of the nursing home rate in the region, thereby providing the
State a much less expensive alternative for lower-income seniors. In
addition to saving the State money, the ALP allows Medicaid-eligible
New Yorkers to maintain autonomy and dignity by providing the services
they need in a home-like setting. An individual who is chronically
chairfast and unable to transfer without the assistance of one or more
persons -- but does not need continual nursing or medical care --
should not be prematurely forced into a nursing home. This bill would
authorize an ALP to admit or retain such an individual, and provide
one or two person assistance with transfers so long as the facility is
staffed to meet the needs of the resident and the individual's
physician approves the placement. Consistent with current law, the
chairfast individual could only be admitted to the ALP if he or she:
(1) has a "stable medical condition" and is not in need of continual
nursing or medical care; and (2) could be "appropriately cared for" in
the ALP and is not "impaired to such a degree that his or her safety
would be endangered?' To implement these expanded admission and
retention standards, a current ALP would only have to notify the
Department of Health of its intention and capability to admit and/or
retain such residents prior to doing so.


LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

To be determined, but there will be a savings, as care in an ALP is
about half as expensive as care in a nursing home.

EFFECTIVE DATE:

Immediate.

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

                                  5096

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the social services law, in relation to  authorizing  an
  assisted living program to admit or retain residents who are chairfast
  under certain circumstances

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

  Section 1. Paragraph (d) of subdivision 1  of  section  461-l  of  the
social  services  law,  as  added by chapter 165 of the laws of 1991, is
amended to read as follows:
  (d) "Eligible person" means a person who:
  (i) requires more care and services to meet his or her daily health or
functional needs than can be directly provided by an adult care facility
and although medically eligible for placement in  a  residential  health
care  facility,  can  be  appropriately  cared for in an assisted living
program and who would  otherwise  require  placement  in  a  residential
health  care  facility  due to factors which may include but need not be
limited to the lack of a home or a home environment in which to live and
receive services safely; and
  (ii) is categorized  by  the  long-term  care  patient  classification
system as defined in regulations of the department of health as a person
who  has  a stable medical condition and who is able, with direction, to
take action sufficient to assure self-preservation in an  emergency.  In
no  event  shall  an eligible person include anyone in need of continual
nursing or medical care, a person who is chronically bedfast [or  chair-
fast], or anyone who is cognitively, physically or medically impaired to
such a degree that his or her safety would be endangered.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10847-01-3

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