senate Bill S5397A

2013-2014 Legislative Session

Relates to rules and regulations pertaining to the operation of social adult day care programs; requires report to the governor and the legislature

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Archive: Last Bill Status - STRICKEN


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 10, 2014 recommit, enacting clause stricken
Jan 08, 2014 referred to aging
Jun 21, 2013 committed to rules
restored to third reading
substitution reconsidered
Jun 20, 2013 substituted by a7736
Jun 12, 2013 amended on third reading 5397a
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1042
May 16, 2013 referred to aging

Bill Amendments

Original
A (Active)
Original
A (Active)

S5397 - Bill Details

See Assembly Version of this Bill:
A7736
Current Committee:
Law Section:
Elder Law
Laws Affected:
Amd §215, Eld L

S5397 - Bill Texts

view summary

Relates to rules and regulations pertaining to the operation of social adult day care programs.

view sponsor memo
BILL NUMBER:S5397

TITLE OF BILL: An act to amend the elder law, in relation to rules
and regulations pertaining to the operation of social adult day care
programs

PURPOSE OR GENERAL IDEA OF BILL: To ensure that all social adult day
programs in the state are subject to the same oversight by the State
Office for the Aging (SOFA).

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill would remove
the requirement that a social adult day program be the recipient of a
grant from SOFA in order to be subject to regulations promulgated
therefore.

Section 2 of this bill requires a report regarding the projected costs
and benefits of establishing uniform standards and requirements with
regards to social adult day programs to be delivered on or before
December 31, 2013.

JUSTIFICATION: Currently social adult day programs are regulated by
the State Office for the Aging (SOFA) only if they receive a grant
through the Office. This means that anyone can start a program and be
free from any oversight as long as they never approach the Office for
funding. There has been concern across the state that there are abuses
taking place in programs that do not operate with sufficient staffing
and do not provide adequate services. Families are paying out of
pocket for these programs that are not subject to any oversight. This
legislation would ensure that all programs must comply with
regulations promulgated by SOFA and be overseen as the Office sees
fit.

PRIOR LEGISLATIVE HISTORY: This is a New Bill

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This Act shall take effect immediately.

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

                                  5397

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

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

AN ACT to amend the elder law, in  relation  to  rules  and  regulations
  pertaining to the operation of social adult day care programs

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

  Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
section 215 of the elder law is amended to read as follows:
  The  director is authorized and directed to promulgate rules and regu-
lations, establishing standards and  requirements  with  regard  to  the
operation  of  all  social  adult  day  care programs [receiving funding
pursuant to this article], REGARDLESS OF THE SOURCE OF FUNDING  UTILIZED
BY SUCH PROGRAMS. Such standards and requirements shall include, but not
be limited to:
  S  2. Subdivision 5 of section 215 of the elder law is amended to read
as follows:
  5. Report of director. The director, after consultation  with  his  or
her  advisory committee, affected state agencies, any affected municipal
agencies and  persons  involved  in  providing  social  adult  day  care
services,  shall  make a report, on or before December thirty-first, two
thousand [five] THIRTEEN, to the governor, the  temporary  president  of
the  senate, the speaker of the assembly, the chair of the senate stand-
ing committee on aging and the chair of the assembly standing  committee
on  aging  on  the  projected costs and benefits of establishing uniform
standards and requirements with regard to operation of social adult  day
care  services  in  the  state.  The report shall include the director's
findings, recommendations and estimate of  the  fiscal  implications  of
regulating social adult day care services in the state.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10945-01-3

S5397A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7736
Current Committee:
Law Section:
Elder Law
Laws Affected:
Amd §215, Eld L

S5397A (ACTIVE) - Bill Texts

view summary

Relates to rules and regulations pertaining to the operation of social adult day care programs.

view sponsor memo
BILL NUMBER:S5397A

TITLE OF BILL: An act to amend the elder law, in relation to rules
and regulations pertaining to the operation of social adult day care
programs

PURPOSE: To ensure that all social adult day programs in the state
are subject to the same oversight by the State Office for the Aging
(SOFA)

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill would remove the requirement that a social
adult day program be the recipient of a grant from SOFA in order to be
subject to regulations promulgated therefore.

Section 2 of this bill would require a report regarding the projected
costs and benefits of establishing uniform standards and requirements
with regards to social adult day programs to be delivered on or before
December 31, 2013.

Section 3 of the bill would amend the definition of "social adult day
services" and "social adult day care" to prohibit any person or
program from using those terms to describe the services they offer if
the services do not meet the definitions.

The definition of Social adult day services shall mean programs
providing a variety of long term care services to a group of
individuals possessing functional impairments whether due to physical
or cognitive impairments in a congregate setting and pursuant to an
individualized plan of care.

The definition of social adult day care shall mean a program providing
a variety of comprehensive services to functionally impaired elderly
persons ad defined in regulations established by the director. A
person or program shall be prohibited from holding themselves out as a
providing social adult day care unless they met the requirement of
this paragraph.

JUSTIFICATION: Currently social adult day programs are regulated by
the State Office for the Aging (SOFA) only if they receive a grant
through the Office. This means that anyone can start a program and be
free from any oversight as long as they never approach the Office for
funding. There has been concern across the state that there are
abuses taking place in programs that do not operate with sufficient
staffing and do not provide adequate services. Families are paying out
of pocket for these programs that are not subject to any oversight.
This legislation would ensure that all programs must comply with
regulations promulgated by SOFA and be overseen as the Office sees
fit.

PRIOR LEGISLATIVE HISTORY: This is a New Bill

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This Act shall take effect immediately.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5397--A
    Cal. No. 1042

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the elder law, in  relation  to  rules  and  regulations
  pertaining to the operation of social adult day care programs

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

  Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
section 215 of the elder law is amended to read as follows:
  The  director is authorized and directed to promulgate rules and regu-
lations, establishing standards and  requirements  with  regard  to  the
operation  of  all  social  adult  day  care programs [receiving funding
pursuant to this article], REGARDLESS OF THE SOURCE OF FUNDING  UTILIZED
BY SUCH PROGRAMS, WHETHER PUBLIC OR PRIVATE. Such standards and require-
ments shall include, but not be limited to:
  S  2. Subdivision 5 of section 215 of the elder law is amended to read
as follows:
  5. Report of director. The director, after consultation  with  his  or
her  advisory committee, affected state agencies, any affected municipal
agencies and  persons  involved  in  providing  social  adult  day  care
services,  shall  make a report, on or before December thirty-first, two
thousand [five] THIRTEEN, to the governor, the  temporary  president  of
the  senate, the speaker of the assembly, the chair of the senate stand-
ing committee on aging and the chair of the assembly standing  committee
on  aging  on  the  projected costs and benefits of establishing uniform
standards and requirements with regard to operation of social adult  day
care  services  in  the  state.  The report shall include the director's
findings, recommendations and estimate of  the  fiscal  implications  of
regulating social adult day care services in the state.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10945-03-3

S. 5397--A                          2

  S  3.  Paragraphs  (b)  and (e) of subdivision 1 of section 215 of the
elder law are amended to read as follows:
  (b) "Social adult day services" shall mean a program providing a vari-
ety  of  long  term  care services to a group of individuals, possessing
functional impairments, whether due to  physical  or  cognitive  impair-
ments, in a congregate setting and pursuant to an individualized plan of
care.  A  PERSON  OR PROGRAM SHALL BE PROHIBITED FROM HOLDING THEMSELVES
OUT AS PROVIDING SOCIAL ADULT DAY SERVICES UNLESS THEY MEET THE REQUIRE-
MENTS OF THIS PARAGRAPH.
  (e) "Social adult day care" shall mean a program providing  a  variety
of  comprehensive  services  to functionally impaired elderly persons as
defined in regulations established by the director. A PERSON OR  PROGRAM
SHALL  BE  PROHIBITED  FROM  HOLDING  THEMSELVES OUT AS PROVIDING SOCIAL
ADULT DAY CARE UNLESS THEY MEET THE REQUIREMENTS OF THIS PARAGRAPH.
  S 4. This act shall take effect immediately.

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