S T A T E O F N E W Y O R K
________________________________________________________________________
8635
I N S E N A T E
January 7, 2026
___________
Introduced by Sens. FERNANDEZ, CLEARE -- read twice and ordered printed,
and when printed to be committed to the Committee on Health
AN ACT to amend the social services law and the public health law, in
relation to a special needs assisted living demonstration program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 461-l of the social services law
is amended by adding a new paragraph (o) to read as follows:
(O) NOTWITHSTANDING PARAGRAPH (M) OF THIS SUBDIVISION, THE COMMISSION-
ER SHALL ESTABLISH A SPECIAL NEEDS ASSISTED LIVING DEMONSTRATION PROGRAM
TO AUTHORIZE UP TO THREE ASSISTED LIVING PROGRAMS THROUGHOUT THE STATE
TO SERVE INDIVIDUALS WITH SPECIAL NEEDS, INCLUDING, BUT NOT LIMITED TO,
INDIVIDUALS WITH DEMENTIA OR COGNITIVE IMPAIRMENTS. EACH PARTICIPATING
ASSISTED LIVING PROGRAM SHALL SUBMIT INFORMATION AS DETERMINED BY THE
COMMISSIONER TO ANALYZE THE FEASIBILITY, EFFICIENCY AND THE POTENTIAL
FOR COST SAVINGS ASSOCIATED WITH PROVIDING CARE TO THE POPULATION UNDER
THE DEMONSTRATION PROGRAM. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE
DATE OF THIS PARAGRAPH, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY ANALYZING THE COST AND EFFICIENCY OF THE SPECIAL NEEDS ASSISTED
LIVING DEMONSTRATION PROGRAM.
§ 2. Subdivision 6 of section 3614 of the public health law is amended
by adding a new paragraph (d) to read as follows:
(D) THE COMMISSIONER SHALL ADJUST MEDICAL ASSISTANCE RATES OF PAYMENT
FOR SERVICES PROVIDED BY ASSISTED LIVING PROGRAMS PARTICIPATING IN A
DEMONSTRATION PROGRAM PURSUANT TO PARAGRAPH (O) OF SUBDIVISION THREE OF
SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES LAW TO SERVE
INDIVIDUALS WITH SPECIAL NEEDS, INCLUDING, BUT NOT LIMITED TO, INDIVID-
UALS WITH DEMENTIA OR COGNITIVE IMPAIRMENTS. SUCH RATES SHALL BE SUFFI-
CIENT TO COVER THE PROVISION OF SPECIALIZED SERVICES, STAFFING LEVELS,
STAFF EDUCATION AND TRAINING, WORK EXPERIENCE, PROFESSIONAL AFFILIATIONS
OR SPECIAL CHARACTERISTICS RELEVANT TO SERVING PERSONS WITH SPECIAL
NEEDS, AND ANY ENVIRONMENTAL MODIFICATIONS THAT HAVE BEEN MADE OR WILL
BE MADE TO PROTECT THE HEALTH, SAFETY AND WELFARE OF SUCH PERSONS.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14024-01-5