Senate Bill S897

                            
 
                     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.