BILL NUMBER: S3030

SPONSOR: FUNKE
 
TITLE OF BILL:

An act to amend the public health law, in relation to disclosure of
special care offered to persons with Alzheimer's disease or dementia

 
PURPOSE:

This bill will require a residential health care facility, an adult day
health care program, or n continuing care retirement community, that
advertises or markets itself as providing Alzheimer's and dementia
special care shall disclose the form of care or treatment provided.

 
SUMMARY OF PROVISIONS:

Bill adds a new Article 20-B to the Public Health Law (PHL) entitled
"Alzheimer's and dementia special care disclosure." PHL § 2010 defines
"Alzheimer's and dementia special care" as care or treatment provided to
a person diagnosed with Alzheimer's disease, a related disorder or
              

dementia.

"Facility" includes a residential health care facility, an adult day
health program, a continuing care retirement community.

PHL § 2011 sets forth requirements for Alzheimer's and dementia special
care disclosure. Any facility that advertises or markets itself as
providing Alzheimer's and dementia special care must disclose the form
of care or treatment provided that distinguishes it as being especially
applicable to or suitable for persons diagnosed with Alzheimer's
disease, related disorders or dementia. The disclosure shall be made to
the appropriate department, any person seeking placement in the facility
on behalf of a person diagnosed with Alzheimer's disease, a related
disorder or dementia, and the State Long Term Care Ombudsman.

The disclosure must include information which will help prospective
consumers determine whether the program is appropriate for the needs of
a particular individual, such as the facility's overall philosophy and
mission statement, placement and transfer criteria, the process used for
assessment and for implementing and updating a plan of care, staffing
ratios and training, physical environment, activities, family involve-
ment programs, fees and costs, and safety and security measures provided
by the facility. The Commissioner of Health is authorized, after provid-
ing equal opportunity for input from consumer and provider represen-
tatives to adopt implementing rules.  PHL 2012 provides that an agency
shall consider the extent of a facili- ty's compliance with disclosure
requirements in considering an application for renewal of a license,
certificate or approval. A facility which violates the provisions of
this article shall be subject to a civil penalty not to exceed $500, to
be assessed after a hearing conducted in the same manner the agency
employs to assess other penalties against approved facilities.

 
JUSTIFICATION:

Programs which advertise or offer special care for persons with
Alzheimer's disease, dementia or related disorders should publicly state
what factors make their programs especially appropriate for such people.
Those seeking such care deserve reliable information on the philosophy,
processes, environment and costs of a special Alzheimers care program.
Laws similar to the provisions of this bill are already on the books in
18 other states, including Florida, Illinois, Missouri, Oregon and
Texas. This bill will provide information to help people with
Alzheimer's disease and their families to choose the best program for
their specific circumstances.  It doesn't require any facility to offer
specialized care for people diagnosed with Alzheimer's disease or demen-
tia, nor does it require any specific services or methods. What it does
require is disclosure, so that the consumer will know what kind of care
or treatment the facility can provide. It will also weed out those oper-
ations which prey on families by advertising special care for
Alzheimer's and dementia without actually providing any substantially
different type of care.

 
LEGISLATIVE HISTORY:

S.7387/A.10074 of 1999/2000; Referred to Senate Aging Committee
S.4345/A.159 of 2001/2002; Referred to Senate Aging Committee
S.506/A.267 of 2003/2004; Ordered to Third Reading
S.697 A.10163 of 2005/2006; Committed to Rules Committee
S.499/A.1451 of 2007/2008; Referred to Senate Health Committee
S.1448/A.2592 of 2009/2010; Referred to Senate Health Committee
S.188/A.3883 of 2011/2012; Referred to Senate Health Committee
S.1105/A.3478 of 2013/2014; Referred to Senate Health Committee
S.3026/A.2396 of 2015/2016; Referred to Senate Health Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, provided that the department
of health is immediately authorized and directed to take such actions as
are necessary to implement this act, including the promulgation of rules
in accordance with the state administrative procedure act, on or before
its effective date.