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.