S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6885
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2019
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Aging
 
 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.  FOR A PROGRAM SUBJECT TO
 OVERSIGHT BY THE OFFICE PURSUANT TO THIS SECTION  AND  ANY  OTHER  STATE
 AGENCY,  WHERE THERE IS DUPLICATION IN THE RULES AND REGULATIONS PROMUL-
 GATED BY SUCH AGENCIES, THE RULES AND REGULATIONS  OF  THE  OTHER  STATE
 AGENCY  SHALL  TAKE PRECEDENCE. THE DIRECTOR SHALL ESTABLISH A METHOD BY
 WHICH A PROGRAM AFFECTED BY SUCH DUPLICATION OF  RULES  AND  REGULATIONS
 SHALL NOTIFY THE OFFICE OF SUCH DUPLICATION. THE DIRECTOR MAY ALSO ENTER
 INTO  AGREEMENTS  AS  NEEDED  OR  DESIRED  TO DELEGATE RESPONSIBILITY TO
 INSPECT PROGRAMS REGULATED UNDER THIS SECTION TO LOCAL AREA AGENCIES  ON
 AGING OR TO THE STATE DEPARTMENT OF HEALTH, THOUGH THIS DELEGATION SHALL
 NOT  AFFECT  THE  DEPARTMENT  OF  HEALTH'S CURRENT AUTHORITY TO REGULATE
 MANAGED LONG TERM CARE PLAN NETWORKS AND CONTRACTS. Such  standards  and
 requirements shall include, but not be limited to:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10818-01-9

 A. 6885                             2
 
 thousand [five] TWENTY, 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
 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.
   §  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.
   § 4. This act shall take effect immediately.