S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    715
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M. of A. GUNTHER, COOK, KOLB -- Multi-Sponsored by -- M.
   of A. BARCLAY -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to authorizing  adult
   day  care programs to provide certain services at the site of a volun-
   tary  residential  health  care  facility  rightsizing   demonstration
   program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2801-e of the  public  health  law  is  amended  by
 adding a new subdivision 8 to read as follows:
   8.    CONSISTENT  WITH  THE  DEVELOPMENT  OF LESS RESTRICTIVE AND LESS
 INSTITUTIONAL LONG-TERM CARE SERVICES THROUGH THE VOLUNTARY  RESIDENTIAL
 HEALTH  CARE  FACILITY  DEMONSTRATION PROGRAM, THIS SUBDIVISION PROVIDES
 ADULT DAY HEALTH CARE PROGRAMS WITH PROGRAMMATIC FLEXIBILITY TO MEET THE
 NEEDS OF SENIORS AND THE DISABLED IN THE COMMUNITY WITHIN THE  MANDATORY
 MANAGED CARE ENVIRONMENT.  NOTWITHSTANDING ANY PROVISION OF LAW OR REGU-
 LATION  TO THE CONTRARY, APPROVED ADULT DAY HEALTH CARE PROGRAMS, AT THE
 INITIATIVE OF A PROGRAM AND UPON NOTIFICATION  TO  THE  DEPARTMENT,  MAY
 PROVIDE  SERVICES  TO  PERSONS  WITH  HEALTH CARE NEEDS, HEALTH CARE AND
 SOCIAL NEEDS OR ONLY SOCIAL NEEDS AT THE SAME TIME AND WITHIN  THE  SAME
 LOCATION  UP  TO  ONE  HUNDRED  THIRTY PERCENT OF THE PROGRAM'S APPROVED
 CAPACITY. ADULT DAY CARE PROGRAMS MAY PROVIDE AN ENROLLED  INDIVIDUAL  A
 SUBSET OF ADULT DAY HEALTH CARE SERVICES REQUIRED UNDER DEPARTMENT REGU-
 LATIONS  PURSUANT  TO  A  SERVICE PLAN, PLAN OF CARE OR CARE PLAN AGREED
 UPON BY THE ADULT DAY HEALTH CARE PROGRAM AND A MANAGED  CARE  ORGANIZA-
 TION  AUTHORIZED  TO  PROVIDE  SERVICES  UNDER  THE  MEDICAL  ASSISTANCE
 PROGRAM.  NOTHING IN THIS SUBDIVISION SHALL  DIMINISH  THE  DEPARTMENT'S
 OVERSIGHT OF ADULT DAY HEALTH PROGRAMS AND THE DEPARTMENT MAY REVOKE THE
 AUTHORITY  GRANTED  IN  THIS  SUBDIVISION  PROVIDED  THAT THE DEPARTMENT
 OFFERS THE OPPORTUNITY FOR A PUBLIC HEARING AS PROVIDED FOR IN  SUBPARA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02568-01-7
              

 A. 715                              2
 
 GRAPH  (I)  OF  PARAGRAPH (B) OF SUBDIVISION TEN OF SECTION TWENTY-EIGHT
 HUNDRED ONE-A OF THIS ARTICLE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, and  the  department  of  health  is  authorized  and
 directed  to promulgate, amend and/or repeal, on an emergency basis, any
 rules and regulations necessary to implement the provisions of this act.