NY State Senate Bill 2025-S7859

Senate Bill S7859

2025-2026 Legislative Session

Relates to the authority of certain existing assisted living programs to expand capacity by nine or fewer beds under an expedited process

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Current 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 20, 2025	reported and committed to finance
May 09, 2025	referred to health

Votes

- May 20, 2025 - Health Committee Vote
  S7859
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 20, 2025
      
      aye (13)
      
      Ashby
      
      Brouk
      
      Gallivan
      
      Gonzalez
      
      Hoylman-Sigal
      
      Jackson
      
      Myrie
      
      Parker
      
      Rhoads
      
      Rivera
      
      Ryan
      
      Stec
      
      Webb
      
      excused (1)
      
      Martins

co-Sponsors

2025-S7859 (ACTIVE) - Details

See Assembly Version of this Bill:: A2731
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §461-l, Soc Serv L

2025-S7859 (ACTIVE) - Summary

Authorizes certain existing assisted living programs to expand capacity by nine or fewer beds under an expedited process.

2025-S7859 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7859

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to authority for
existing assisted living programs to expand capacity by nine or fewer
beds under an expedited process

 
PURPOSE:

This bill is intended to expand assisted living options for Medicaid
beneficiaries.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Authorizes existing assisted living providers licensed on or
before April 1, 2024 to apply to the Department of Health for approval
to add up to 9 additional assisted living program beds that do not
require major renovation or construction. The Department of Health would
begin to accept such applications no later than May 1, 2025 and would
set a deadline for submission.

Section 2: Provides an immediate effective date.

 
JUSTIFICATION:

This amendment would allow existing assisted living programs (ALPs) to
add up to 9 beds, provided that they submit an application which is
approved by the Department of Health and the addition of beds does not
require major renovation or construction.

New York State currently lacks the capacity to serve individuals who
require and desire residential care (e.g., 24/7 supervision and assist-
ance with ADLs), but do not necessarily require the skilled nursing care
provided in a nursing home. According to the AARP's 2023 State Score-
card, New York State has the lowest supply of assisted living beds in
the nation. Assisted living capacity is in even shorter supply for indi-
viduals with low incomes.

According to the national data (Nat'l Center for Health Statistics in
NYS there are 34.98 people age 85+ per Medicaid ALP bed and 9.52 people
age 85+ per ACF/AL bed overall (including ALP and other types of
assisted living combined). Although there is no national data comparing
Medicaid assisted living capacity by state, we know that nationally
there are 5.26 people age 85+ per assisted living bed overall. Thus,
despite New York's health equity goals, the supply of Medicaid ALP beds
in New York is particularly low.

This lack of assisted living capacity limits options for individuals
(especially low-income individuals) in need of long-term services and
support. It is impeding their ability to live in the most integrated
setting appropriate to their needs and optimize their quality of life,
as they age and their needs change. We can expect that the need for
these services will only grow in the years to come, given the demograph-
ic trends.

Under existing law (Social Services Law § 461-1(3)(m)), as interpreted
by the Department of Health, no new Medicaid ALP beds may be approved
until a need methodology is developed and implemented, beginning April
1, 2025. This new needs-based application process was originally
intended to be completed by 2023; however, the deadline was extended to
April 1, 2025. Unfortunately, this means that new ALP beds are not like-
ly to be approved and operational through the new process until poten-
tially 2026 or 2027, given the time it will take for the adoption of
regulations and the implementation of an application and review process.

The last opportunity to create new ALP beds was in 2020, when existing
ALPs had the opportunity to expand by 9 or fewer beds through an expe-
dited process. Since that time, there have been significant shifts in
long-term care services with a number of ACFs and ALPs closing. In 2024
alone, one assisted living program (ALP) has closed, and another is in
the process of closing.

As a result, there are currently people in the community who are not
able to access the supports they need. Meanwhile, we have a growing
population of older adults in New York and the need for residential care
is likewise growing. This legislation would create an opportunity to
help address this gap in services on an interim basis while the new
need-based application process becomes operational.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Would generate Medicaid savings to the extent that low acuity nursing
home residents are served in ALPs at the lower ALP rates. If 1,000 nurs-
ing home residents were to be served for a full year in ALPs rather than
nursing homes, the estimated overall Medicaid savings would be about
$40M (i.e., $20M state share) based on current ALP and nursing home
rates

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7859 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7859
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 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  authority  for
   existing  assisted living programs to expand capacity by nine or fewer
   beds under an expedited process

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (k)  of  subdivision 3 of section 461-l of the
 social services law, as added by section 2 of part B of  chapter  57  of
 the laws of 2018, is amended to read as follows:
   (k)  (i)  Existing  assisted living program providers may apply to the
 department of health for approval to add up to nine additional  assisted
 living   program   beds   that   do  not  require  major  renovation  or
 construction. Eligible applicants are those that agree to dedicate  such
 beds to serve only individuals receiving medical assistance, are in good
 standing  with  the  department  of  health,  and are in compliance with
 appropriate state and local requirements as determined by the department
 of health.
   (ii) Existing assisted living program providers licensed on or  before
 April  first,  two  thousand eighteen may submit applications under this
 paragraph beginning no later than June thirtieth, two thousand  eighteen
 and  until  a  deadline  to  be  determined by the department of health.
 Existing assisted living program providers licensed on or  before  April
 first,  two  thousand  twenty  may submit such applications beginning no
 later than June thirtieth, two thousand twenty and until a  deadline  to
 be determined by the department of health.
   (iii)  NOTWITHSTANDING  PARAGRAPH  (M)  OF  THIS SUBDIVISION, EXISTING
 ASSISTED LIVING PROGRAM PROVIDERS LICENSED ON OR BEFORE APRIL FIRST, TWO
 THOUSAND TWENTY-FOUR MAY SUBMIT APPLICATIONS UNDER THIS PARAGRAPH BEGIN-
 NING NO LATER THAN MAY FIRST, TWO THOUSAND TWENTY-FIVE AND UNTIL A DEAD-
 LINE TO BE DETERMINED BY THE DEPARTMENT OF HEALTH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01891-03-5

 S. 7859                             2
 
   (IV) The number of additional assisted living  program  beds  approved
 under SUBPARAGRAPHS (I) AND (II) OF this paragraph shall be based on the
 total  number  of previously awarded beds either withdrawn by applicants
 or denied by the department of health.
   (V) The commissioner of health shall utilize an expedited review proc-
 ess  allowing certification of the additional beds within ninety days of
 such department's receipt of a satisfactory application.
   § 2. This act shall take effect immediately.

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Senate Bill S7859

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Sponsored By

Gustavo Rivera