Assembly Bill A3626

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3626
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ -- Multi-Sponsored by -- M. of A.
   BRAUNSTEIN, HEVESI -- read once and referred 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.
                                                            LBD07068-01-1
              

 A. 3626                             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.