Senate Bill S6611

2021-2022 Legislative Session

Relates to quality improvement and increased consumer transparency in assisted living residences

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
May 10, 2021	referred to health

2021-S6611 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §4656, Pub Health L

2021-S6611 (ACTIVE) - Summary

Relates to quality improvement and increased consumer transparency in assisted living residences.

2021-S6611 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6611

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law, in relation to quality improve-
ment and increased consumer transparency in assisted living residences

 
PURPOSE OF THE BILL:

To increase transparency and improve consumer knowledge regarding the
costs and quality of Assisted Living Residences (ALRs) and improve qual-
ity of care provided across the State's ALR settings, i.e., Assisted
Living Residences (ALRs), Enhanced Assisted Living Residences (EALRs),
and Special Needs Assisted Living Residences (SNALRs). These objectives
would be met by establishing publicly-reported quality standards,
mandating the public posting of a facility's monthly service rate and
staffing complement on the provider's website and the Department of
Health's website, and establishing regulations to standardize the defi-
nition of "memory care" for all licensed facilities advertising to have
"memory care units."

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new subdivision 9 to Public Health Law
section 4656, to be titled "Assisted Living Quality Improvement Stand-
ards." Paragraphs (a) through (d) of the new subdivision 9 would: (a)
Establish publicly-reported quality standards and require the public
posting of a facility's monthly service rate and staffing complement on
the provider's website; (b) Allow high-scoring ALRs to achieve "advanced
standing" status, which would allow such facilities to be surveyed every
18-24 months instead of annually; (c) Require the Department of Health
to publicly post on its website the results of ALRs' quality reporting;
and (d) Require the promulgation of Department of Health regulations
that standardize the definition of "memory care" for all licensed facil-
ities advertising to have "memory care units."

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

The current statutory and regulatory framework for ALRs was developed in
2004. The system is made up of several supportive housing options that
have varying levels of supervision and care for residents, depending on
their licensure. Over time, as experience with ALRs has grown, the
Department of Health recognizes a need to develop standardized quality
measures for assisted living and to empower the prospective consumers
and their families with more information about ALRs so they may make
informed choices.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
120 days after becoming law.

2021-S6611 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6611
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2021
                                ___________
 
 Introduced  by  Sen.  MAY -- (at request of the Department of Health) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Health
 
 AN  ACT  to amend the public health law, in relation to quality improve-
   ment and increased consumer transparency in assisted living residences

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 4656 of the public health law, as added by chapter
 2 of the laws of 2004, is amended by adding a new subdivision 9 to  read
 as follows:
   9.  ASSISTED  LIVING  QUALITY  IMPROVEMENT STANDARDS. (A) ALL ASSISTED
 LIVING RESIDENCES, AS DEFINED IN SUBDIVISION ONE  OF  SECTION  FORTY-SIX
 HUNDRED  FIFTY-ONE  OF THIS ARTICLE, INCLUDING THOSE LICENSED AND CERTI-
 FIED AS AN ASSISTED LIVING  RESIDENCE,  SPECIAL  NEEDS  ASSISTED  LIVING
 RESIDENCE, OR ENHANCED ASSISTED LIVING RESIDENCE, SHALL:
   (I)  REPORT  ANNUALLY  ON  QUALITY  MEASURES  TO BE ESTABLISHED BY THE
 DEPARTMENT, IN THE FORM AND FORMAT PRESCRIBED BY  THE  DEPARTMENT,  WITH
 THE  FIRST  REPORT  DUE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-THREE;
 AND
   (II) POST THE MONTHLY  SERVICE  RATE,  STAFFING  COMPLEMENT,  APPROVED
 ADMISSION OR RESIDENCY AGREEMENT, AND A CONSUMER-FRIENDLY SUMMARY OF ALL
 SERVICE  FEES ON THE FACILITY'S WEBSITE AND IN A PUBLIC SPACE WITHIN THE
 FACILITY. SUCH INFORMATION SHALL BE MADE  AVAILABLE  TO  THE  PUBLIC  ON
 FORMS PROVIDED BY THE DEPARTMENT. BEGINNING ON JANUARY THIRTY-FIRST, TWO
 THOUSAND  TWENTY-THREE,  THIS  INFORMATION SHALL ALSO BE REPORTED TO THE
 DEPARTMENT.
   (B) THE DEPARTMENT SHALL SCORE THE  RESULTS  OF  THE  ASSISTED  LIVING
 QUALITY  REPORTING  OBTAINED  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION. TOP SCORING FACILITIES SHALL  BE  GRANTED  THE  CLASSIFICATION  OF
 ADVANCED STANDING ON THEIR ANNUAL SURVEILLANCE SCHEDULES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09985-01-1

 S. 6611                             2
 
   (I)  FACILITIES ACHIEVING AN ADVANCED STANDING CLASSIFICATION SHALL BE
 SURVEYED EVERY EIGHTEEN TO TWENTY-FOUR MONTHS.
   (II)   FACILITIES  MAY  REMAIN  ON  ADVANCED  STANDING  CLASSIFICATION
 PROVIDED THEY MEET THE SCORING REQUIREMENTS IN AGGREGATE ASSISTED LIVING
 QUALITY REPORTING.
   (C) (I) EFFECTIVE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, THE
 DEPARTMENT SHALL POST ON ITS WEBSITE THE RESULTS OF THE ASSISTED  LIVING
 QUALITY  REPORTING,  COLLECTED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH
 (A) OF THIS SUBDIVISION.
   (II) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPARTMENT
 SHALL POST ON ITS WEBSITE THE INFORMATION REPORTED PURSUANT TO  SUBPARA-
 GRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
   (D) THE DEPARTMENT SHALL DEVELOP REGULATIONS TO ESTABLISH A DEFINITION
 OF  MEMORY  CARE SERVICES, REQUIREMENTS FOR AN ASSISTED LIVING RESIDENCE
 TO PUBLICLY ADVERTISE AS PROVIDING MEMORY CARE  SERVICES,  AND  SPECIFIC
 TRAINING PROTOCOLS REQUIRED OF ALL STAFF SERVING THE DEFINED POPULATION.
 SUCH  REGULATIONS  SHALL APPLY TO ANY ASSISTED LIVING RESIDENCE, SPECIAL
 NEEDS ASSISTED LIVING RESIDENCE, OR ENHANCED ASSISTED LIVING  RESIDENCE,
 AS  DEFINED IN SUBDIVISION ONE OF SECTION FORTY-SIX HUNDRED FIFTY-ONE OF
 THIS ARTICLE.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S6611

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Archive: Last Bill Status - In Senate Committee Health Committee

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2021-S6611 (ACTIVE) - Details

2021-S6611 (ACTIVE) - Summary

2021-S6611 (ACTIVE) - Sponsor Memo

2021-S6611 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2021-S6611 (ACTIVE) - Details

2021-S6611 (ACTIVE) - Summary

2021-S6611 (ACTIVE) - Sponsor Memo

2021-S6611 (ACTIVE) - Bill Text download pdf

Comments