S T A T E   O F   N E W   Y O R K
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                                 7736--A
                                                        Cal. No. 379

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

Introduced  by  M.  of A. MILLMAN, GOTTFRIED, CRESPO, MONTESANO, JAFFEE,
  FINCH, STECK, GALEF, GUNTHER, TITUS, ROBERTS, BROOK-KRASNY, JACOBS  --
  Multi-Sponsored  by  -- M. of A. ARROYO, BRENNAN, COOK, DUPREY, GLICK,
  MAGEE, PERRY, RIVERA, WRIGHT -- read once and referred to the  Commit-
  tee  on  Aging -- ordered to a third reading -- passed by Assembly and
  delivered to the Senate, recalled from the Senate, vote  reconsidered,
  bill  amended,  ordered reprinted, retaining its place on 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] FIFTEEN, to the governor, the temporary president of the
senate, the speaker of the assembly, the chair of  the  senate  standing
committee  on  aging and the chair of the assembly standing committee on
aging on the projected costs and benefits of establishing uniform stand-
ards and requirements with regard to operation of social adult day  care

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

                                                           LBD10945-04-4

A. 7736--A                          2

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.  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.