Assembly Bill A10243

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

                                  10243

                          I N  A S S E M B L Y

                              May 17, 2016
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred 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
APARTMENT  OR  IN THE HOME OF ANY OTHER RESPONSIBLE RELATIVE OR ADULT IN
THE COMMUNITY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07563-03-6
              

A. 10243                            2

  (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 CONTACTING  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.  NO INDEPENDENT
SENIOR  HOUSING  OPERATOR  OR  STAFF  OF  THE INDEPENDENT SENIOR HOUSING
FACILITY SHALL TAKE ACTION TO LIMIT THE OPTIONS PRESENTED  TO  RESIDENTS
FOR A HOME CARE SERVICES AGENCY, CERTIFIED HOME HEALTH AGENCY, LONG TERM
HOME HEALTH CARE PROGRAM, PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY,
OR  OTHER  MANAGED  LONG TERM CARE PROGRAM EXCEPT WHERE THE RESIDENT HAS
PROVIDED CRITERIA TO LIMIT THE OPTIONS PRESENTED. NO INDEPENDENT  SENIOR
HOUSING OPERATOR OR ANY STAFF OF THE INDEPENDENT SENIOR HOUSING FACILITY
SHALL INDUCE ANY RESIDENT TO UTILIZE A HOME CARE SERVICES AGENCY, CERTI-
FIED  HOME HEALTH AGENCY, LONG TERM HOME HEALTH CARE PROGRAM, PROGRAM OF
ALL-INCLUSIVE CARE FOR THE ELDERLY, OR  OTHER  MANAGED  LONG  TERM  CARE
PROGRAM  WHERE  THERE  IS ANY SPECIFIC BENEFIT THAT ACCRUES TO THE INDE-
PENDENT SENIOR HOUSING OPERATOR, STAFF OF THE INDEPENDENT SENIOR HOUSING
FACILITY, OR THEIR FAMILIES FOR  DIRECTING  RESIDENTS  TO  ANY  SPECIFIC
PROVIDER OF SERVICES.
  S 3. This act shall take effect immediately.