S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6094
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to the commission  on
   accreditation of rehabilitation facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of subdivision 1 of section  4653  of
 the public health law, as amended by chapter 414 of the laws of 2013, is
 amended to read as follows:
   In  order to operate as assisted living, an operator shall be licensed
 as an adult home or enriched housing program and apply and  be  approved
 for  licensure  with  the  commissioner  pursuant to this article.   THE
 COMMISSIONER  SHALL  ACCEPT  A  CURRENT  ACCREDITATION  REPORT  FROM   A
 NATIONALLY  RECOGNIZED  ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION
 ON ACCREDITATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF  INITIAL
 LICENSURE  APPROVAL  AS  AN ASSISTED LIVING RESIDENCE, ENHANCED ASSISTED
 LIVING RESIDENCE, AND/OR A SPECIAL NEEDS ASSISTED LIVING RESIDENCE.  FOR
 OPERATORS NOT LICENSED AS AN ADULT HOME OR ENRICHED HOUSING PROGRAM, THE
 ACCREDITATION  REPORT  SHALL BE ACCEPTED IN LIEU OF INITIAL LICENSURE AS
 AN ADULT HOME OR ENRICHED HOUSING PROGRAM SIMULTANEOUSLY  WITH  ASSISTED
 LIVING  RESIDENCE,  ENHANCED  ASSISTED  LIVING RESIDENCE, AND/OR SPECIAL
 NEEDS ASSISTED  LIVING  RESIDENCE  LICENSURE.    FOR  OPERATORS  ALREADY
 LICENSED  AS ADULT HOMES AND/OR ENRICHED HOUSING PROGRAMS BY THE DEPART-
 MENT, THE COMMISSIONER SHALL ACCEPT A CURRENT ACCREDITATION REPORT  FROM
 A NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION
 ON  ACCREDITATION  OF REHABILITATION FACILITIES (CARF) IN LIEU OF LICEN-
 SURE AS AN ASSISTED LIVING RESIDENCE, AN ENHANCED ASSISTED LIVING  RESI-
 DENCE,  AND/OR  SPECIAL  NEEDS  ASSISTED  LIVING RESIDENCE. The operator
 shall provide, SUCH AN ACCREDITATION REPORT, OR PROVIDE on  an  applica-
 tion  form  developed  by the commissioner, the following information to
 the commissioner in order to be licensed:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03853-01-7

 A. 6094                             2
 
   § 2. Paragraph (a) of subdivision 1 of  section  4655  of  the  public
 health  law,  as  added  by chapter 2 of the laws of 2004, is amended to
 read as follows:
   (a) Such application shall be on a form approved by the department; OR
 THE OPERATOR MAY SUBMIT A CURRENT ACCREDITATION REPORT FORM A NATIONALLY
 RECOGNIZED  ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION ON ACCREDI-
 TATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF SUCH APPLICATION.
   § 3. The opening paragraph of subdivision 3 of  section  4656  of  the
 public health law, as added by chapter 2 of the laws of 2004, is amended
 and a new subdivision 9 is added to read as follows:
   Approval  for  licensure or certification pursuant to this article may
 be granted only to an applicant  who  SUBMITS  A  CURRENT  ACCREDITATION
 REPORT  FROM  A  NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS
 THE COMMISSION ON ACCREDITATION OF REHABILITATION FACILITIES  (CARF)  OR
 WHO satisfactorily demonstrates:
   9.  THE  DEPARTMENT SHALL ACCEPT A CURRENT ACCREDITATION REPORT FROM A
 NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS  THE  COMMISSION
 ON  ACCREDITATION  OF  REHABILITATION  FACILITIES  (CARF) IN LIEU OF THE
 ANNUAL SURVEY REQUIRED BY PARAGRAPH (A) OF SUBDIVISION  TWO  OF  SECTION
 FOUR HUNDRED SIXTY-ONE-A OF THE SOCIAL SERVICES LAW.
   §  4. Subdivision 1 of section 4662 of the public health law, as added
 by chapter 2 of the laws of 2004, is amended to read as follows:
   1. The commissioner is hereby authorized to:
   (a) ACCEPT A CURRENT ACCREDITATION REPORT FROM A NATIONALLY RECOGNIZED
 ACCREDITING ORGANIZATION KNOWN AS THE  COMMISSION  ON  ACCREDITATION  OF
 REHABILITATION  FACILITIES  (CARF) IN LIEU OF INITIAL LICENSURE APPROVAL
 AS AN ASSISTED LIVING RESIDENCE,  ENHANCED  ASSISTED  LIVING  RESIDENCE,
 AND/OR  A  SPECIAL  NEEDS  ASSISTED  LIVING RESIDENCE. FOR OPERATORS NOT
 LICENSED AS AN ADULT HOME OR ENRICHED HOUSING PROGRAM, THE ACCREDITATION
 REPORT SHALL BE ACCEPTED IN LIEU OF INITIAL LICENSURE AS AN  ADULT  HOME
 OR  ENRICHED  HOUSING  PROGRAM SIMULTANEOUSLY WITH ASSISTED LIVING RESI-
 DENCE, ENHANCED ASSISTED LIVING RESIDENCE, AND/OR SPECIAL NEEDS ASSISTED
 LIVING RESIDENCE LICENSURE. FOR  OPERATORS  ALREADY  LICENSED  AS  ADULT
 HOMES  AND/OR  ENRICHED  HOUSING PROGRAMS BY THE DEPARTMENT, THE COMMIS-
 SIONER SHALL ACCEPT A CURRENT ACCREDITATION  REPORT  FROM  A  NATIONALLY
 RECOGNIZED  ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION ON ACCREDI-
 TATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF  LICENSURE  AS  AN
 ASSISTED LIVING RESIDENCE, AN ENHANCED ASSISTED LIVING RESIDENCE, AND/OR
 SPECIAL NEEDS ASSISTED LIVING RESIDENCE BY THE DEPARTMENT;
   (B) develop, in consultation with the director of the state office for
 the  aging,  consumers, operators of assisted living residences and home
 care service agency providers, a consumer information  guide  to  inform
 and  assist  the  consumer  in the selection of an assisted living resi-
 dence;
   [(b)] (C) promulgate, in consultation with the director of  the  state
 office  for  the  aging,  such rules and regulations as are necessary to
 implement the provisions of this article;
   [(c)] (D) receive and investigate complaints regarding the  condition,
 operation  and quality of care of any entities holding themselves out as
 assisted living, or advertising themselves by a similar term;
   [(d)]  (E)  make  necessary  investigations  to  procure   information
 required to implement the provisions of this article; and
   [(e)]  (F) exercise all other powers and functions as are necessary to
 implement the provisions of this article.
   § 5. This act shall take effect immediately.