NY State Senate Bill 2021-S4546B

Senate Bill S4546B

2021-2022 Legislative Session

Establishes a special needs assisted living program to serve persons with neurodegenerative diseases

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2022	reported and committed to finance
May 03, 2022	print number 4546b
May 03, 2022	amend (t) and recommit to health
Jan 05, 2022	referred to health
May 19, 2021	print number 4546a
May 19, 2021	amend and recommit to health
Feb 05, 2021	referred to health

Votes

- May 9, 2022 - Health Committee Vote
  S4546B
  
  14
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 9, 2022
      
      aye (14)
      
      Biaggi
      
      Boyle
      
      Cleare
      
      Gallivan
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Oberacker
      
      Rath III
      
      Rivera
      
      Ryan
      
      Salazar
      
      Stec
      
      Thomas
      
      excused (1)
      
      Brouk

Bill Amendments

Original

B (Active)

2021-S4546 - Details

See Assembly Version of this Bill:: A4656
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Amd §4655, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S2161, A7035

2021-S4546 - Summary

Establishes a special needs assisted living program to serve persons with neurodegenerative diseases, such as dementia or Parkinson's disease, who are experiencing behavior disturbances.

2021-S4546 - Sponsor Memo

                                
 
BILL NUMBER: S4546

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing a
residential demonstration program for persons with advanced needs; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To demonstrate a small-scale residential model for persons with dementia
or other advanced cognitive needs.

 
SUMMARY OF SPECIFIC PROVISIONS:

A new Social Services Law § 461-u to establish a demonstration residen-
tial program to provide medical, nursing, and social supports to persons
with severe cognitive and behavioral dysfunction, to demonstrate the
ability to improve health care outcomes through palliative care and the
coordination of health care services.

The program will operate through family style residences with no more
than 10 residents plus an additional two persons participating in adult
daycare. Each will be staffed with medical and nursing professionals
under physician supervision and have entered into a memorandum of under-
standing with regional hospital and nursing home in the event a transfer
is required. Each must possess a certificate of operation and maintain
all resident rights and standards of quality and performance as an Adult
Care Facility under Title 2 of Article 7 of the Social Services Law. The
demonstration is authorized for four years.

The success of the program will be measured by annual reports to the
Commissioner of Health. Six months before the expiration of the demon-
stration, the commissioner shall report to the legislature to recommend
possible continuation of the demonstration or to make the program perma-
nent.

 
JUSTIFICATION:

Seniors with dementia sometimes act out with undesirable behaviors due
to confusion, delusions, and hallucinations. These patients are often
rejected by assisted living facilities and nursing homes. As a result,
many are living in hospitals or end up in facilities in a neighboring
state. Some live unsatisfactorily with relatives. All this creates
further trauma and anguish for the dying patients and their families.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately and expire four years after having become law.

2021-S4546 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4546
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in relation to  establishing  a
   residential demonstration program for persons with advanced needs; and
   providing for the repeal of such provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 461-u to read as follows:
   §  461-U.  RESIDENTIAL DEMONSTRATION PROGRAM FOR PERSONS WITH ADVANCED
 NEEDS ESTABLISHED. 1. THE COMMISSIONER OF HEALTH (REFERRED  TO  IN  THIS
 SECTION  AS  THE  "COMMISSIONER")  SHALL  ESTABLISH A RESIDENTIAL DEMON-
 STRATION PROGRAM FOR PERSONS WITH ADVANCED NEEDS (REFERRED  TO  IN  THIS
 SECTION AS THE "PROGRAM") THAT SHALL, NOTWITHSTANDING SUBDIVISION SIX OF
 SECTION FOUR HUNDRED SIXTY-ONE-C OF THIS TITLE, PROVIDE MEDICAL, SOCIAL,
 AND  RESIDENTIAL  CARE  TO  PERSONS WITH DEMENTIA, SIGNIFICANT COGNITIVE
 DISEASE OR BEHAVIOR DISTURBANCES (AS  DEFINED  BY  NATIONALLY-RECOGNIZED
 PROFESSIONAL  STANDARDS) IN THE COUNTIES OF ALBANY, SCHENECTADY, SARATO-
 GA, AND OTHER COUNTIES AS APPROVED BY THE  COMMISSIONER.  TO  OPERATE  A
 FACILITY  IN THE PROGRAM, A FACILITY SHALL BE CERTIFIED TO OPERATE AS AN
 ADULT CARE FACILITY UNDER THIS TITLE AND APPLY AND BE  APPROVED  BY  THE
 COMMISSIONER UNDER THIS SECTION. FOR A FACILITY TO BE APPROVED UNDER THE
 PROGRAM, THE OPERATOR OF THE FACILITY SHALL PROVIDE THE FOLLOWING INFOR-
 MATION  TO  THE  COMMISSIONER,  ON  AN APPLICATION FORM DEVELOPED BY THE
 COMMISSIONER:
   (A) BUSINESS NAME, STREET ADDRESS, AND MAILING ADDRESS  OF  THE  RESI-
 DENCE AND OF THE OWNERS OF THE RESIDENCE;
   (B) STATUS OF CURRENT CERTIFICATE OF OPERATION;
   (C)  VERIFICATION THAT THE OPERATOR HAS A VALID RESIDENCY AGREEMENT IN
 COMPLIANCE WITH THIS TITLE TO BE ENTERED INTO WITH EACH RESIDENT,  RESI-
 DENT'S  REPRESENTATIVE  AND RESIDENT'S LEGAL REPRESENTATIVE, IF ANY, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08854-01-1

 S. 4546                             2
 
 SHALL INCLUDE A COPY OF THE INFORMATION TO BE INCLUDED IN THE  RESIDENCY
 AGREEMENT  AND  DISCLOSURES  AS  REQUIRED  UNDER THIS TITLE THAT WILL BE
 GIVEN TO PROSPECTIVE RESIDENTS; AND
   (D)  ANY OTHER INFORMATION THE COMMISSIONER MAY REASONABLY DEEM NECES-
 SARY FOR THE EVALUATION OF THE APPLICATION, PROVIDED THE INFORMATION  IS
 NOT  DUPLICATIVE  OF  WHAT  IS  OTHERWISE  REQUIRED  OF THE APPLICANT IN
 OBTAINING AN ADULT CARE FACILITY CERTIFICATE OF OPERATION.
   2. A FACILITY UNDER THE PROGRAM SHALL:
   (A) BE LIMITED TO NO MORE THAN TEN RESIDENTS, AND MAY INCLUDE AN ADDI-
 TIONAL TWO PERSONS PARTICIPATING IN ADULT DAYCARE;
   (B) PROVIDE PROFESSIONAL MEDICAL AND NURSING SERVICES THROUGH  EMPLOY-
 MENT  OR  CONTRACT;  A  PHYSICIAN SHALL BE RESPONSIBLE FOR OVERSIGHT AND
 SUPERVISION OF EACH FACILITY OPERATION;
   (C) HAVE ENTERED INTO A  MEMORANDUM  OF  UNDERSTANDING  WITH  REGIONAL
 GENERAL HOSPITALS AND NURSING HOMES FOR PATIENT TRANSFER AND CARE;
   (D) DEMONSTRATE THE ABILITY TO IMPROVE HEALTH CARE OUTCOMES OF PERSONS
 THROUGH PALLIATIVE CARE AND THE COORDINATION OF HEALTH CARE SERVICES;
   (E)  DEMONSTRATE THE ABILITY TO ASSIST RESIDENTS WITH SEVERE COGNITIVE
 AND BEHAVIORAL DYSFUNCTION CONSISTENT WITH THEIR DIAGNOSIS; AND
   (F) ADOPT AND MAKE PUBLIC A STATEMENT OF THE RIGHTS  AND  RESPONSIBIL-
 ITIES OF THE FACILITY RESIDENTS, AND THEIR LAWFUL REPRESENTATIVES, UNDER
 SECTION FOUR HUNDRED SIXTY-ONE-D OF THIS TITLE.
   3. TWELVE MONTHS AFTER THE APPROVAL OF THE FIRST PROGRAM FACILITY, AND
 ANNUALLY  THEREAFTER,  THE  PROGRAM FACILITY SHALL REPORT TO THE COMMIS-
 SIONER ON THE PROGRESS OF THE PROGRAM IN A FORM AND MANNER DESIGNATED BY
 THE COMMISSIONER. SIX MONTHS PRIOR TO THE EXPIRATION OF THE PROGRAM, THE
 COMMISSIONER SHALL REPORT ON THE PROGRAM TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE
 SENATE AND  ASSEMBLY  HEALTH  COMMITTEES,  AND  RECOMMEND  ITS  POSSIBLE
 CONTINUANCE OR PERMANENCE.
   4.  THE COMMISSIONER MAY SUBMIT THE APPROPRIATE APPLICATIONS FOR WAIV-
 ERS AND OTHER APPLICATIONS, INCLUDING TO THE FEDERAL CENTER FOR MEDICARE
 AND MEDICAID SERVICES, NECESSARY TO ACHIEVE THE PURPOSES OF HIGH  QUALI-
 TY,  INTEGRATED, AND COST EFFECTIVE CARE AND INTEGRATED FINANCIAL ELIGI-
 BILITY POLICIES UNDER MEDICAID, CHILD HEALTH PLUS OR MEDICARE. COPIES OF
 THE APPLICATIONS FOR WAIVERS AND OTHER APPLICATIONS SHALL BE PROVIDED TO
 THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND  MEANS
 COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES, SIMULTANEOUSLY
 WITH THEIR SUBMISSION TO THE FEDERAL GOVERNMENT.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed four years after it shall have become a law.

2021-S4546A - Details

See Assembly Version of this Bill:: A4656
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Amd §4655, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S2161, A7035

2021-S4546A - Summary

Establishes a special needs assisted living program to serve persons with neurodegenerative diseases, such as dementia or Parkinson's disease, who are experiencing behavior disturbances.

2021-S4546A - Sponsor Memo

                                 
BILL NUMBER: S4546A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing a
residential demonstration program for persons with advanced needs; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To demonstrate a small-scale residential model for persons with dementia
or other advanced neurodegenerative diseases.

 
SUMMARY OF SPECIFIC PROVISIONS:

A new subdivision 7 is added to public health law § 4655 to establish a
demonstration residential program to provide medical, nursing, and
social supports to persons with severe cognitive and behavioral dysfunc-
tion, to demonstrate the ability to improve health care outcomes through
palliative care and the coordination of health care services.

The program will operate through family style residences with no more
than 10 residents each plus an additional two persons participating in
adult daycare. Each will be staffed with medical and nursing profes-
sionals under physician supervision and have entered into a memorandum
of understanding with regional hospital and nursing home in the event a
transfer is required. Each must possess a certificate of operation and
maintain all resident rights and standards of quality and performance as
an Adult Care Facility under Title 2 of Article 7 of the Social Services
Law. The demonstration is authorized for four years.

The success of the program will be measured by annual reports to the
Commissioner of Health. Six months before the expiration of the demon-
stration, the commissioner shall report to the legislature to recommend
possible continuation of the demonstration or to make the program perma-
nent.

 
JUSTIFICATION:

Seniors with dementia sometimes act out with undesirable behaviors due
to confusion, delusions, and hallucinations. These patients are often
rejected by assisted living facilities and nursing homes. As a result,
many are living in hospitals or end up in facilities in a neighboring
state. Some live unsatisfactorily with relatives. All this creates
further trauma and anguish for the dying patients and their families.
This bill would establish a new residential model to provide services to
these individuals in a more integrated and less institutional setting.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately and expire four years after having become law.

2021-S4546A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4546--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the social services law, in relation to establishing a
   residential demonstration program for persons with advanced needs; and
   providing for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 461-v to read as follows:
   § 461-V. RESIDENTIAL DEMONSTRATION PROGRAM FOR PERSONS  WITH  ADVANCED
 NEEDS  ESTABLISHED.  1.  THE COMMISSIONER OF HEALTH (REFERRED TO IN THIS
 SECTION AS THE "COMMISSIONER")  SHALL  ESTABLISH  A  RESIDENTIAL  DEMON-
 STRATION  PROGRAM  FOR  PERSONS WITH ADVANCED NEEDS (REFERRED TO IN THIS
 SECTION AS THE "PROGRAM") THAT SHALL, NOTWITHSTANDING SUBDIVISION SIX OF
 SECTION FOUR HUNDRED SIXTY-ONE-C OF THIS TITLE, PROVIDE MEDICAL, SOCIAL,
 AND RESIDENTIAL CARE TO PERSONS  WITH  DEMENTIA,  SIGNIFICANT  COGNITIVE
 DISEASE  OR  BEHAVIOR  DISTURBANCES (AS DEFINED BY NATIONALLY-RECOGNIZED
 PROFESSIONAL STANDARDS) IN THE COUNTIES OF ALBANY, SCHENECTADY,  SARATO-
 GA,  AND  OTHER  COUNTIES  AS APPROVED BY THE COMMISSIONER. TO OPERATE A
 FACILITY IN THE PROGRAM, A FACILITY SHALL BE CERTIFIED TO OPERATE AS  AN
 ADULT  CARE  FACILITY  UNDER THIS TITLE AND APPLY AND BE APPROVED BY THE
 COMMISSIONER UNDER THIS SECTION. FOR A FACILITY TO BE APPROVED UNDER THE
 PROGRAM, THE OPERATOR OF THE FACILITY SHALL PROVIDE THE FOLLOWING INFOR-
 MATION TO THE COMMISSIONER, ON AN  APPLICATION  FORM  DEVELOPED  BY  THE
 COMMISSIONER:
   (A)  BUSINESS  NAME,  STREET ADDRESS, AND MAILING ADDRESS OF THE RESI-
 DENCE AND OF THE OWNERS OF THE RESIDENCE;
   (B) STATUS OF CURRENT CERTIFICATE OF OPERATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08854-03-1

 S. 4546--A                          2
 
   (C) VERIFICATION THAT THE OPERATOR HAS A VALID RESIDENCY AGREEMENT  IN
 COMPLIANCE  WITH THIS TITLE TO BE ENTERED INTO WITH EACH RESIDENT, RESI-
 DENT'S REPRESENTATIVE AND RESIDENT'S LEGAL REPRESENTATIVE, IF  ANY,  AND
 SHALL  INCLUDE A COPY OF THE INFORMATION TO BE INCLUDED IN THE RESIDENCY
 AGREEMENT  AND  DISCLOSURES  AS  REQUIRED  UNDER THIS TITLE THAT WILL BE
 GIVEN TO PROSPECTIVE RESIDENTS; AND
   (D) ANY OTHER INFORMATION THE COMMISSIONER MAY REASONABLY DEEM  NECES-
 SARY  FOR THE EVALUATION OF THE APPLICATION, PROVIDED THE INFORMATION IS
 NOT DUPLICATIVE OF WHAT  IS  OTHERWISE  REQUIRED  OF  THE  APPLICANT  IN
 OBTAINING AN ADULT CARE FACILITY CERTIFICATE OF OPERATION.
   2. A FACILITY UNDER THE PROGRAM SHALL:
   (A) BE LIMITED TO NO MORE THAN TEN RESIDENTS, AND MAY INCLUDE AN ADDI-
 TIONAL TWO PERSONS PARTICIPATING IN ADULT DAYCARE;
   (B)  PROVIDE PROFESSIONAL MEDICAL AND NURSING SERVICES THROUGH EMPLOY-
 MENT OR CONTRACT; A PHYSICIAN SHALL BE  RESPONSIBLE  FOR  OVERSIGHT  AND
 SUPERVISION OF EACH FACILITY OPERATION;
   (C)  HAVE  ENTERED  INTO  A  MEMORANDUM OF UNDERSTANDING WITH REGIONAL
 GENERAL HOSPITALS AND NURSING HOMES FOR PATIENT TRANSFER AND CARE;
   (D) DEMONSTRATE THE ABILITY TO IMPROVE HEALTH CARE OUTCOMES OF PERSONS
 THROUGH PALLIATIVE CARE AND THE COORDINATION OF HEALTH CARE SERVICES;
   (E) DEMONSTRATE THE ABILITY TO ASSIST RESIDENTS WITH SEVERE  COGNITIVE
 AND BEHAVIORAL DYSFUNCTION CONSISTENT WITH THEIR DIAGNOSIS; AND
   (F)  ADOPT  AND MAKE PUBLIC A STATEMENT OF THE RIGHTS AND RESPONSIBIL-
 ITIES OF THE FACILITY RESIDENTS, AND THEIR LAWFUL REPRESENTATIVES, UNDER
 SECTION FOUR HUNDRED SIXTY-ONE-D OF THIS TITLE.
   3. THE DEMONSTRATION PROGRAM SHALL  DEVELOP  A  PLAN  TO  ADDRESS  THE
 ADVANCED  NEEDS OF PERSONS IN THE PROGRAM FACILITY SETTING FORTH HOW THE
 ADVANCED NEEDS OF SUCH RESIDENTS WILL BE SAFELY AND APPROPRIATELY MET AT
 SUCH RESIDENCE. SUCH PLAN SHALL INCLUDE:
   (A)  A WRITTEN DESCRIPTION OF SPECIALIZED SERVICES;
   (B) STAFFING LEVELS;
   (C) STAFF EDUCATION AND TRAINING INCLUDING TOPICS COVERING:
   (I) CHARACTERISTICS AND NEEDS OF PERSON WITH ALZHEIMER'S  DISEASE  AND
 DEMENTIA, INCLUDING BEHAVIORAL SYMPTOMS, AND MENTAL AND EMOTIONAL CHANG-
 ES;
   (II) PERSON-CENTERED CARE;
   (III) ASSESSMENT OF CARE PLANNING;
   (IV) ACTIVITIES TO DAILY LIVING;
   (V) DEMENTIA-RELATED BEHAVIORS AND COMMUNICATION; AND
   (VI) OTHER METHODS OF MEETING RESIDENTS' NEEDS ON AN INDIVIDUAL BASIS;
   (D)  WORK  EXPERIENCE OF INDIVIDUALS (OPERATOR'S STAFF OR CONTRACTORS)
 PROVIDING SERVICES TO RESIDENTS;
   (E) PROFESSIONAL AFFILIATIONS OR SPECIAL CHARACTERISTICS  RELEVANT  TO
 SERVING PERSONS WITH ADVANCED NEEDS; AND
   (F)  ANY ENVIRONMENTAL MODIFICATIONS THAT HAVE BEEN OR WILL BE MADE TO
 PROTECT THE HEALTH, SAFETY AND WELFARE OF SUCH PERSONS IN THE RESIDENCE.
   4. TWELVE MONTHS AFTER THE APPROVAL OF THE FIRST PROGRAM FACILITY, AND
 ANNUALLY THEREAFTER, THE PROGRAM FACILITY SHALL REPORT  TO  THE  COMMIS-
 SIONER ON THE PROGRESS OF THE PROGRAM IN A FORM AND MANNER DESIGNATED BY
 THE COMMISSIONER. SIX MONTHS PRIOR TO THE EXPIRATION OF THE PROGRAM, THE
 COMMISSIONER  SHALL REPORT ON THE PROGRAM TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF  THE
 SENATE  AND  ASSEMBLY  HEALTH  COMMITTEES,  AND  RECOMMEND  ITS POSSIBLE
 CONTINUANCE OR PERMANENCE.
   5. THE COMMISSIONER MAY SUBMIT THE APPROPRIATE APPLICATIONS FOR  WAIV-
 ERS AND OTHER APPLICATIONS, INCLUDING TO THE FEDERAL CENTER FOR MEDICARE

 S. 4546--A                          3
 
 AND  MEDICAID SERVICES, NECESSARY TO ACHIEVE THE PURPOSES OF HIGH QUALI-
 TY, INTEGRATED, AND COST EFFECTIVE CARE AND INTEGRATED FINANCIAL  ELIGI-
 BILITY POLICIES UNDER MEDICAID, CHILD HEALTH PLUS OR MEDICARE. COPIES OF
 THE APPLICATIONS FOR WAIVERS AND OTHER APPLICATIONS SHALL BE PROVIDED TO
 THE  CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS
 COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES, SIMULTANEOUSLY
 WITH THEIR SUBMISSION TO THE FEDERAL GOVERNMENT.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed four years after it shall have become a law.

2021-S4546B (ACTIVE) - Details

See Assembly Version of this Bill:: A4656
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Amd §4655, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S2161, A7035

2021-S4546B (ACTIVE) - Summary

Establishes a special needs assisted living program to serve persons with neurodegenerative diseases, such as dementia or Parkinson's disease, who are experiencing behavior disturbances.

2021-S4546B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4546B                   REVISED 5/23/2022

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
special needs assisted living program to serve persons with neurodegen-
erative diseases

 
PURPOSE OR GENERAL IDEA OF BILL:

To demonstrate a small-scale residential model for persons with dementia
or other advanced neurodegenerative diseases.

 
SUMMARY OF SPECIFIC PROVISIONS:

A new subdivision 7 is added to public health law § 4655 to establish a
demonstration residential program to provide medical, nursing, and
social supports to persons with severe cognitive and behavioral dysfunc-
tion, to demonstrate the ability to improve health care outcomes through
palliative care and the coordination of health care services.

The program will operate through family style residences with no more
than 10 residents each plus an additional two persons participating in
adult daycare. Each will be staffed with medical and nursing profes-
sionals under physician supervision and have entered into a memorandum
of understanding with regional hospital and nursing home in the event a
transfer is required. Each must possess a certificate of operation and
maintain all resident rights and standards of quality and performance as
an Adult Care Facility under Title 2 of Article 7 of the Social Services
Law. The demonstration is authorized for four years.

The success of the program will be measured by annual reports to the
Commissioner of Health. Six months before the expiration of the demon-
stration, the commissioner shall report to the legislature to recommend
possible continuation of the demonstration or to make the program perma-
nent.

 
JUSTIFICATION:

Seniors with dementia sometimes act out with undesirable behaviors due
to confusion, delusions, and hallucinations. These patients are often
rejected by assisted living facilities and nursing homes. As a result,
many are living in hospitals or end up in facilities in a neighboring
state. Some live unsatisfactorily with relatives. All this creates
further trauma and anguish for the dying patients and their families.
This bill would establish a new residential model to provide services to
these individuals in a more integrated and less institutional setting.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4546B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4546--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Health in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the public health law, in relation to establishing a
   special needs assisted living program to serve persons  with  neurode-
   generative diseases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4655 of the public health law, as added by  chapter
 2 of the laws of 2004, is amended by adding a new subdivisions 7 to read
 as follows:
   7.  (A) THE DEPARTMENT SHALL ESTABLISH A SPECIAL NEEDS ASSISTED LIVING
 PROGRAM TO SERVE PERSONS WITH NEURODEGENERATIVE DISEASES (SUCH AS DEMEN-
 TIA OR PARKINSON'S DISEASE) WITH BEHAVIOR DISTURBANCES,  AS  DEFINED  BY
 THE  DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS OR THE INTER-
 NATIONAL CLASSIFICATIONS OF DISEASES.
   (I) SUCH PROGRAM WILL BE LIMITED TO  NO  MORE  THAN  TEN  SITES,  EACH
 LIMITED TO NO MORE THAN TEN RESIDENTIAL BEDS AND IN ADDITION MAY INCLUDE
 TWO RESPITE BEDS.
   (II)  THERE  SHALL BE NO MORE THAN FIVE RESIDENTS PER SITE UPON ADMIS-
 SION, WHO ARE IN  NEED  OF  TWENTY-FOUR-HOUR  SKILLED  NURSING  CARE  OR
 MEDICAL  CARE  WHICH  WOULD OTHERWISE REQUIRE PLACEMENT IN A HOSPITAL OR
 NURSING HOME.
   (III) ALL RESIDENTS MUST HAVE BEEN DECLINED ADMISSION  OR  READMISSION
 BY  A  NURSING  HOME  OR BE AN ADMISSION REQUESTED BY A LAWFUL REPRESEN-
 TATIVE OF THE RESIDENT. IN ADDITION, A PHYSICIAN OR  NURSE  PRACTITIONER
 MUST  CERTIFY  THAT  THE PROSPECTIVE RESIDENT CAN BE SAFELY CARED FOR IN
 THE PROGRAM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08854-05-2

 S. 4546--B                          2
 
   (B) THE DEPARTMENT SHALL ESTABLISH STANDARDS FOR THE  PROGRAM  INCLUD-
 ING:
   (I) PHYSICIAN OVERSIGHT AND SUPERVISION UNDER CONTRACT WITH THE SITE;
   (II)  STABILIZATION  OF  BEHAVIOR  DISTURBANCES  AND  THE PROVISION OF
 PALLIATIVE CARE;
   (III) APPLICABLE EXPERIENCE OF THE OPERATOR AND EMPLOYED AND  CONTRACT
 DIRECT CARE STAFF IN RELATION TO THE TARGETED POPULATION;
   (IV) PERSON-CENTERED PLANNING FOR RESIDENT CARE;
   (V) STAFFING LEVELS; AND
   (VI) STAFF EDUCATION AND TRAINING WHICH SHALL INCLUDE:
   (A)  CHARACTERISTICS AND NEEDS OF PERSONS WITH ALZHEIMER'S DISEASE AND
 DEMENTIA INCLUDING BEHAVIORAL SYMPTOMS, AND MENTAL AND EMOTIONAL  CHANG-
 ES;
   (B) ASSESSMENT OF CARE OUTCOMES;
   (C) APPROPRIATE ACTIVITIES OF DAILY LIVING;
   (D) DEMENTIA RELATED BEHAVIORS AND COMMUNICATION LIMITATIONS;
   (E) OTHER METHODS OF MEETING RESIDENTS' NEEDS ON AN INDIVIDUAL BASIS;
   (F)  USE AND OPERATION OF ENVIRONMENTAL MODIFICATIONS THAT PROTECT THE
 HEALTH AND SAFETY OF THE RESIDENTS; AND
   (G) ATTAINING PROFESSIONAL AFFILIATION OR SPECIAL QUALIFICATION  RELE-
 VANT TO SERVING PERSONS WITH ADVANCED NEEDS.
   (C)  THE  COMMISSIONER SHALL REPORT EVERY TWO YEARS TO THE LEGISLATURE
 ON THE PROGRESS OF THE PROGRAM.
   (D) THE COMMISSIONER MAY SUBMIT THE APPROPRIATE APPLICATIONS FOR WAIV-
 ERS OR STATE PLAN AMENDMENTS TO THE FEDERAL  CENTERS  FOR  MEDICARE  AND
 MEDICAID  SERVICES TO SECURE FEDERAL MEDICAID REIMBURSEMENT FOR SERVICES
 OF THE PROGRAM.
   § 2. This act shall take effect immediately.

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Senate Bill S4546B

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2021-S4546 - Details

2021-S4546 - Summary

2021-S4546 - Sponsor Memo

2021-S4546 - Bill Text download pdf

2021-S4546A - Details

2021-S4546A - Summary

2021-S4546A - Sponsor Memo

2021-S4546A - Bill Text download pdf

2021-S4546B (ACTIVE) - Details

2021-S4546B (ACTIVE) - Summary

2021-S4546B (ACTIVE) - Sponsor Memo

2021-S4546B (ACTIVE) - Bill Text download pdf

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