Senate Bill S10660

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10660
 
                             I N  S E N A T E
 
                               July 13, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law, the executive law,  the  public
   health  law  and  the  education  law, in relation to adaptive aquatic
   safety services for individuals with disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and  intent. The legislature finds
 that:
   1. Individuals with disabilities may face increased risk of injury and
 death in aquatic environments due to physical, developmental,  intellec-
 tual,  cognitive,  sensory,  behavioral, or other functional limitations
 affecting aquatic safety.
   2. The federal  Medicaid  program  permits  coverage  of  habilitative
 services  under  home  and  community-based services waivers pursuant to
 section 1915(c) of the Social Security Act.
   3. New York has made significant investments in public aquatic infras-
 tructure through the New York state swimming infrastructure and  munici-
 pal  access initiative, and that such investments should be leveraged to
 improve access to adaptive aquatic safety services.
   4. Adaptive aquatic safety instruction, when individually designed and
 based on identified functional needs, constitutes a habilitative service
 that develops functional safety skills, reduces preventable injury risk,
 and supports community integration.
   5. Improving disability  competency  among  aquatic  professionals  is
 essential  to  reducing preventable drownings and promoting safe partic-
 ipation in aquatic activities by individuals with disabilities.
   6. The legislature further finds that expanding disability  competency
 among  aquatic  professionals will improve opportunities for individuals
 with disabilities  to  safely  participate  in  community-based  aquatic
 recreation  in the most integrated setting appropriate to their individ-
 ual needs and preferences.
   7. It is therefore the intent of the legislature to establish adaptive
 aquatic safety services as an available habilitative service option  for
 individuals  with disabilities who require individualized aquatic safety
 instruction consistent with federal home  and  community-based  services
 authority.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16147-01-6
 S. 10660                            2
 
   §  2. The social services law is amended by adding a new section 365-q
 to read as follows:
   §  365-Q.  ADAPTIVE  AQUATIC  SAFETY SERVICES. 1. FOR PURPOSES OF THIS
 SECTION, "ADAPTIVE AQUATIC SAFETY SERVICES"  SHALL  MEAN  INDIVIDUALIZED
 HABILITATIVE  SERVICES  PROVIDED IN A COMMUNITY AQUATIC ENVIRONMENT THAT
 ARE DESIGNED TO DEVELOP, MAINTAIN, OR IMPROVE FUNCTIONAL AQUATIC  SAFETY
 SKILLS  FOR  INDIVIDUALS WITH DISABILITIES WHO REQUIRE ADAPTIVE INSTRUC-
 TION DUE TO DISABILITY-RELATED FUNCTIONAL LIMITATIONS. SUCH SERVICES MAY
 INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (A) WATER HAZARD RECOGNITION;
   (B) EMERGENCY RESPONSE BEHAVIORS;
   (C) SAFE AQUATIC ENTRY AND EXIT SKILLS;
   (D) DROWNING PREVENTION AND RISK MITIGATION SKILLS;
   (E) ADAPTIVE COMMUNICATION AND SAFETY STRATEGIES; AND
   (F) CAREGIVER OR SUPPORT PERSON TRAINING WHERE APPROPRIATE.
   2. THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH  THE  COMMISSIONER
 OF  THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL DISABILITIES AND OTHER
 APPROPRIATE STATE AGENCIES, SHALL EVALUATE AND, WHERE APPROPRIATE,  SEEK
 APPROVAL FROM THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR
 THE  INCLUSION  OF  ADAPTIVE  AQUATIC  SAFETY  SERVICES  AS AN AVAILABLE
 SERVICE COMPONENT UNDER APPLICABLE  MEDICAID  HOME  AND  COMMUNITY-BASED
 SERVICES  AUTHORITIES,  INCLUDING WAIVERS AUTHORIZED PURSUANT TO SECTION
 1915(C) OF THE FEDERAL SOCIAL SECURITY ACT.
   3. THE COMMISSIONER SHALL ENSURE  THAT  ANY  ADAPTIVE  AQUATIC  SAFETY
 SERVICES AUTHORIZED PURSUANT TO THIS SECTION:
   (A) ARE PROVIDED PURSUANT TO PERSON-CENTERED PLANNING REQUIREMENTS;
   (B)  ARE  BASED  UPON  IDENTIFIED  FUNCTIONAL NEEDS RELATED TO HEALTH,
 SAFETY, INDEPENDENCE, OR COMMUNITY PARTICIPATION;
   (C) INCLUDE MEASURABLE OUTCOMES; AND
   (D) ARE DESIGNED PRIMARILY TO ADDRESS HEALTH, SAFETY, INDEPENDENCE, OR
 COMMUNITY PARTICIPATION GOALS AND ARE NOT PROVIDED SOLELY AS RECREATION-
 AL ACTIVITIES.
   4. THE COMMISSIONER SHALL ESTABLISH PROVIDER  QUALIFICATION  STANDARDS
 FOR  ADAPTIVE  AQUATIC  SAFETY  SERVICES, WHICH MAY INCLUDE REQUIREMENTS
 RELATING TO:
   (A) ADAPTIVE AQUATIC INSTRUCTION;
   (B) DISABILITY COMPETENCY;
   (C) COMMUNICATION STRATEGIES;
   (D) BEHAVIORAL SUPPORT STRATEGIES;
   (E) EXPERIENCE PROVIDING INSTRUCTION TO INDIVIDUALS WITH DISABILITIES;
 AND
   (F) AQUATIC EMERGENCY RESPONSE.
   5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE ABILITY  OF
 INDIVIDUALS  ELIGIBLE  FOR  SELF-DIRECTED  SERVICES  TO  ACCESS ADAPTIVE
 AQUATIC  SAFETY  SERVICES  CONSISTENT  WITH  APPLICABLE   SELF-DIRECTION
 REQUIREMENTS.
   6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE REIMBURSEMENT
 FOR  GENERAL  RECREATIONAL  SWIMMING  INSTRUCTION  THAT DOES NOT SATISFY
 APPLICABLE MEDICAID REQUIREMENTS.
   § 3. The executive law is amended by adding a new article 49-D to read
 as follows:
                                ARTICLE 49-D
                      ADAPTIVE AQUATIC ACCESSIBILITY
 SECTION 997. ADAPTIVE  AQUATIC  ACCESSIBILITY  AT  STATE-FUNDED   PUBLIC
                AQUATIC FACILITIES.
 S. 10660                            3
 
   § 997. ADAPTIVE  AQUATIC  ACCESSIBILITY AT STATE-FUNDED PUBLIC AQUATIC
 FACILITIES. 1. ANY STATE AGENCY, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPO-
 RATION, OR OTHER ENTITY ADMINISTERING STATE FINANCIAL ASSISTANCE FOR THE
 CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION, EXPANSION,  OR
 IMPROVEMENT OF A PUBLIC AQUATIC FACILITY SHALL REQUIRE EACH APPLICANT TO
 DESCRIBE,  AS  PART  OF  ITS  APPLICATION  FOR  SUCH ASSISTANCE, HOW THE
 PROPOSED FACILITY WILL PROVIDE AND PROMOTE ACCESS FOR  INDIVIDUALS  WITH
 DISABILITIES.
   2. SUCH DESCRIPTION MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
   (A)  PARTNERSHIPS  WITH QUALIFIED PROVIDERS OF ADAPTIVE AQUATIC SAFETY
 SERVICES;
   (B) OPPORTUNITIES FOR ADAPTIVE AQUATIC SAFETY INSTRUCTION;
   (C) INCLUSIVE AQUATIC PROGRAMMING FOR INDIVIDUALS WITH DISABILITIES;
   (D) ACCESSIBILITY OF THE AQUATIC FACILITY AND RELATED AMENITIES; AND
   (E) POLICIES  FACILITATING  THE  USE  OF  THE  FACILITY  BY  PROVIDERS
 FURNISHING ADAPTIVE AQUATIC SAFETY SERVICES.
   3.  IN  EVALUATING  APPLICATIONS  FOR  STATE FINANCIAL ASSISTANCE, THE
 ADMINISTERING ENTITY  SHALL  CONSIDER  AND,  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW, PRIORITIZE THE APPLICANT'S PROPOSED EFFORTS TO IMPROVE
 ACCESS  FOR  INDIVIDUALS  WITH  DISABILITIES  AS ONE FACTOR AMONG OTHERS
 ESTABLISHED BY LAW, REGULATION, OR PROGRAM GUIDELINES.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN  APPLICANT
 TO  ESTABLISH  A PARTICULAR AQUATIC PROGRAM OR TO PROVIDE MEDICAID-REIM-
 BURSABLE SERVICES.
   § 4. Section 206 of the public health law is amended by adding  a  new
 subdivision 32 to read as follows:
   32.  (A) THE COMMISSIONER SHALL PROMULGATE REGULATIONS REQUIRING EVERY
 LIFEGUARD CERTIFICATION AND LIFEGUARD RECERTIFICATION COURSE APPROVED OR
 RECOGNIZED BY THE DEPARTMENT TO INCLUDE NOT LESS  THAN  THREE  HOURS  OF
 INSTRUCTION CONCERNING AQUATIC SAFETY FOR INDIVIDUALS WITH DISABILITIES.
   (B) SUCH INSTRUCTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) DISABILITY AWARENESS AND COMPETENCY;
   (II)  COMMUNICATION STRATEGIES FOR INDIVIDUALS WITH PHYSICAL, DEVELOP-
 MENTAL, INTELLECTUAL, COGNITIVE, SENSORY, AND BEHAVIORAL DISABILITIES;
   (III) DISABILITY-RELATED DROWNING RISK FACTORS;
   (IV) SUPERVISION AND EMERGENCY RESPONSE CONSIDERATIONS;
   (V) ADAPTIVE DROWNING PREVENTION STRATEGIES;
   (VI) INTERACTION WITH CAREGIVERS AND SUPPORT PERSONS; AND
   (VII) INCLUSIVE AQUATIC SAFETY INSTRUCTION PRACTICES.
   (C) IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER MAY  CONSULT  WITH
 ADAPTIVE   AQUATIC   PROVIDERS,   DISABILITY   ADVOCACY   ORGANIZATIONS,
 NATIONALLY RECOGNIZED LIFEGUARD CERTIFYING AGENCIES, AND  OTHER  SUBJECT
 MATTER EXPERTS.
   § 5. The education law is amended by adding a new section 4411 to read
 as follows:
   §  4411.  ADAPTIVE  AQUATIC  SAFETY. 1. SCHOOL DISTRICTS AND BOARDS OF
 COOPERATIVE EDUCATIONAL SERVICES MAY INCORPORATE ADAPTIVE AQUATIC SAFETY
 GOALS  INTO  INDIVIDUALIZED  EDUCATION  PROGRAMS  WHERE  APPROPRIATE  TO
 ADDRESS HEALTH, SAFETY, COMMUNITY PARTICIPATION, TRANSITION PLANNING, OR
 INDEPENDENT LIVING SKILLS.
   2.  THE  COMMISSIONER  SHALL  ISSUE  GUIDANCE  REGARDING  COORDINATION
 BETWEEN EDUCATIONAL PROGRAMMING AND  ADAPTIVE  AQUATIC  SAFETY  SERVICES
 AUTHORIZED  PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-Q OF THE SOCIAL
 SERVICES LAW.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.