S T A T E O F N E W Y O R K
________________________________________________________________________
4500
2015-2016 Regular Sessions
I N A S S E M B L Y
February 3, 2015
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to approval of appli-
cations for establishment of adult care facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 4655 of the public health law, as
added by chapter 2 of the laws of 2004, is amended to read as follows:
5. In addition to the requirements otherwise required for licensure as
assisted living, any [residence] ADULT CARE FACILITY SUBJECT TO THE
INSPECTION AND SUPERVISION OF THE DEPARTMENT that advertises or markets
itself as serving individuals with special needs, including, but not
limited to, individuals with dementia or cognitive impairments, must
submit a special needs plan to the department setting forth how the
special needs of such residents will be safely and appropriately met at
such [residence] FACILITY. Such plan shall include, but need not be
limited to, a written description of specialized services, staffing
levels, staff education and training, work experience, professional
affiliations or special characteristics relevant to serving persons with
special needs, and any environmental modifications that have been made
or will be made to protect the health, safety and welfare of such
persons in the [residence] FACILITY. In approving an application for
special needs certification, the department shall develop standards to
ensure adequate staffing and training in order to safely meet the needs
of the resident. The standards shall be based upon recommendations of
the task force established by section five of [the] chapter TWO of the
laws of two thousand four [which added this section]. No [residence]
ADULT CARE FACILITY SUBJECT TO THE INSPECTION AND SUPERVISION OF THE
DEPARTMENT shall market [themselves] ITSELF as providing specialized
services unless and until the department has approved such applicant for
a special needs assisted living certificate.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08518-01-5
A. 4500 2
S 2. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the commissioner of health
may adopt, amend, suspend or repeal any regulations or take other
actions necessary to enforce or implement this act prior to and in prep-
aration for the taking effect of this act; provided, however, such
adoption, amendment, suspension or repeal of regulations shall not have
legal effect until this act takes effect.