NY State Senate Bill 2019-S897

Senate Bill S897

2019-2020 Legislative Session

Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing to receive services they could get at home

download bill text pdf

Archive: Last Bill Status - In Senate Committee Aging Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2019	referred to aging

co-Sponsors

2019-S897 (ACTIVE) - Details

See Assembly Version of this Bill:: A5158
Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Amd §4651, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4319
2013-2014: S4124
2015-2016: S2276, A10243
2017-2018: S535, A6341
2021-2022: A3626
2023-2024: A8401

2019-S897 (ACTIVE) - Summary

Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing, shelters and residences to receive services they could otherwise receive if they resided in a private residence.

2019-S897 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S897

SPONSOR: YOUNG
 
TITLE OF BILL:  An act to amend the public health law, in relation to
establishing the independent senior housing resident freedom of choice
act

 
PURPOSE:

To clarify that individuals living in senior housing have the right to
access and obtain the same services that they would if they were an
individual residing in the community, from the provider of their choos-
ing. These services include personal care, home care, case management,
technologies and other community services that support them to live
independently in the community.

 
SUMMARY OF PROVISIONS:

Section 1 states that the bill shall be referenced as "The Independent
Senior Housing Resident Freedom of Choice Act".

Section 2 lays out the legislative intent behind the bill.

Section 3 amends paragraph (j) of subdivision 1 of section 4651 of the
public health law to:

1) change the term "facility" to "operator" to be consistent throughout
the definition;

2) clarify that any number of residents living in senior housing can
obtain personal care or home care services from any licensed or certi-
fied home care agency depending on the individual needs of the residents
at any given time as they would otherwise obtain if they were living in
their own private home;

3) clarify that residents of independent senior housing can obtain
personal care or home care services from any licensed or certified home
care agency, personal care program, long term home health care program,
or managed long term care program of their choosing that provides
services in that location;

4) clarify that a licensed or certified home care agency, personal care
program, long term home health care program, or managed long term care
program under the authority of its own licensure or certificate is able
to perform outreach, arrange, or provide home care services to the resi-
dents, so that a resident will have a choice from all available home or
personal care service providers and access to any services they would
otherwise have access to if living in their own private home;

5) clarify that a resident of independent senior housing has the ability
to obtain technologies that assist in maintaining independence, as they
would if they were living in their own private home; and

6) clarify activities allowed by the housing operator. Section 4 states
the effective date.

 
JUSTIFICATION:


The complexity of state statutes and regulations governing the operation
and services provided in congregate settings have caused a lack of clar-
ity with regard to the rights and opportunities of senior citizens and
persons with disabilities residing in independent housing to choose and
access services from the community. These services are available to such
individuals if they reside in their own, private homes.

Such community-based services help seniors, in private homes and inde-
pendent housing alike, to "age in place" and remain living in the less
restrictive, more integrated setting. Residents have rights under, and
housing providers must comply with, the Fair Housing Act (FHA), Ameri-
cans with Disabilities Act (ADA), and the U.S. Supreme Court's Olmstead
decision. The ability of seniors and disabled individuals to choose to
remain in independent housing and select their own health care and
supportive services are critical components of these laws and policies.

Ensuring access to such services is also in furtherance of New York
State policy of promoting access to community living and community-based
services to maintain the health and quality of life of senior citizens
and the disabled as well as to prevent avoidable and costly admission to
medical and other institutional-type facilities.

The Independent Senior Housing Resident Freedom of Choice Act would
clarify and declare the rights of seniors and persons with disabilities
to choose, live and access services in independent housing including
personal care, home care, case management, technologies and other commu-
nity services that support them to live independently in the community.

 
LEGISLATIVE HISTORY:

2017,2018: 8.535/6341 Referred to Aging
2015,2016: S.2276A/A.10243 Referred to Aging
2013,2014: S.4124 Referred to Aging
2011,2012: S.4319A Referred to Aging

 
FISCAL IMPLICATIONS:

The bill may result in cost savings due to seniors remaining in the
community rather than transitioning into more expensive settings.  Unde-
termined at this time.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S897 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    897
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. YOUNG, AKSHAR -- read twice and ordered printed, and
   when printed to be committed to the Committee on Aging
 
 AN  ACT  to amend the public health law, in relation to establishing the
   independent senior housing resident freedom of choice act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may be referred to
 as the "independent senior housing resident freedom of choice act".
   §  2.  Paragraph  (j)  of  subdivision 1 of section 4651 of the public
 health law, as added by chapter 2 of the laws of  2004,  is  amended  to
 read as follows:
   (j) independent senior housing, shelters or residences for adults. For
 purposes  of  this article and for purposes of determining certification
 pursuant to article seven of the social  services  law,  the  department
 shall  by  regulation,  define independent senior housing, provided such
 definition shall be based on whether  the  operator  does  not  provide,
 arrange  for, or coordinate personal care services or home care services
 on behalf of residents; and the [facility]  OPERATOR  does  not  provide
 case  management  services  in  a congregate care setting for residents.
 Nothing in this chapter shall preclude [a resident of]:  (I)  ANY  inde-
 pendent  senior  housing  RESIDENT  OR ANY NUMBER OF SUCH RESIDENTS from
 personally and directly obtaining [private] personal care or  home  care
 services from [a] ANY licensed [or certified] home care SERVICES agency,
 CERTIFIED  HOME  HEALTH  AGENCY,  LONG  TERM  HOME  HEALTH CARE PROGRAM,
 PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY  OR  OTHER  MANAGED  LONG
 TERM CARE PROGRAM;
   (II)  AN  AGENCY OR PROGRAM LICENSED OR APPROVED UNDER ARTICLE THIRTY-
 SIX OR SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER FROM OFFERING,
 ARRANGING FOR OR PROVIDING SERVICES TO THE RESIDENTS OF SUCH HOUSING  AS
 SUCH  AGENCY IS OTHERWISE AUTHORIZED TO OFFER, ARRANGE FOR OR PROVIDE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03633-01-9

 S. 897                              2
 
 ANY OTHER PERSON OR PERSONS RESIDING IN THEIR OWN HOME OR  APARTMENT  OR
 IN THE HOME OF ANY OTHER RESPONSIBLE RELATIVE OR ADULT IN THE COMMUNITY;
   (III)  ANY  INDEPENDENT  SENIOR HOUSING RESIDENT OR ANY NUMBER OF SUCH
 RESIDENTS FROM PERSONALLY AND DIRECTLY CHOOSING AND  OBTAINING  SERVICES
 FROM  AN  APPROPRIATELY  LICENSED OR APPROVED AGENCY OR PROGRAM OFFERING
 PERSONAL CARE, HOME CARE OR CASE MANAGEMENT SERVICES, OR FROM OBTAINING,
 PERSONALLY AND DIRECTLY, TECHNOLOGIES THAT ASSIST IN  MAINTAINING  INDE-
 PENDENCE; OR
   (IV) AN INDEPENDENT SENIOR HOUSING OPERATOR FROM OFFERING ROOM, BOARD,
 LAUNDRY,  HOUSEKEEPING,  INFORMATION AND REFERRAL, SECURITY, TRANSPORTA-
 TION OR CONCIERGE-LIKE SERVICES; ASSISTING TENANTS WITH HOUSING  ISSUES;
 PROVIDING INFORMATION TO TENANTS ABOUT SERVICES AND ACTIVITIES AVAILABLE
 IN  THE COMMUNITY; ASSISTING TENANTS WISHING TO DO SO IN CONTACTING SUCH
 SERVICES AND ACTIVITIES; AND CONTACTING  APPROPRIATE  RESPONDERS  IN  AN
 EMERGENCY  OR  OTHER  SITUATION  INVOLVING  ANY  TENANTS THAT APPEARS TO
 WARRANT IMMEDIATE ATTENTION, ASSISTANCE OR INTERVENTION.  NO INDEPENDENT
 SENIOR HOUSING OPERATOR OR  STAFF  OF  THE  INDEPENDENT  SENIOR  HOUSING
 FACILITY  SHALL  TAKE ACTION TO LIMIT THE OPTIONS PRESENTED TO RESIDENTS
 FOR A HOME CARE SERVICES AGENCY, CERTIFIED HOME HEALTH AGENCY, LONG TERM
 HOME HEALTH CARE PROGRAM, PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY,
 OR OTHER MANAGED LONG TERM CARE PROGRAM EXCEPT WHERE  THE  RESIDENT  HAS
 PROVIDED  CRITERIA TO LIMIT THE OPTIONS PRESENTED. NO INDEPENDENT SENIOR
 HOUSING OPERATOR OR ANY STAFF OF THE INDEPENDENT SENIOR HOUSING FACILITY
 SHALL INDUCE ANY RESIDENT TO UTILIZE A HOME CARE SERVICES AGENCY, CERTI-
 FIED HOME HEALTH AGENCY, LONG TERM HOME HEALTH CARE PROGRAM, PROGRAM  OF
 ALL-INCLUSIVE  CARE  FOR  THE  ELDERLY,  OR OTHER MANAGED LONG TERM CARE
 PROGRAM WHERE THERE IS ANY SPECIFIC BENEFIT THAT ACCRUES  TO  THE  INDE-
 PENDENT SENIOR HOUSING OPERATOR, STAFF OF THE INDEPENDENT SENIOR HOUSING
 FACILITY,  OR  THEIR  FAMILIES  FOR  DIRECTING RESIDENTS TO ANY SPECIFIC
 PROVIDER OF SERVICES.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S897

Share this bill

Sponsored By

Catharine Young