assembly Bill A7681A

Signed By Governor
2015-2016 Legislative Session

Provides for streamlined application process for affiliates of licensed operators of adult care facilities and assisted living facilities

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 22, 2015 approval memo.28
signed chap.574
Dec 16, 2015 delivered to governor
Jun 15, 2015 returned to assembly
passed senate
substituted for s5540a
Jun 10, 2015 referred to finance
delivered to senate
passed assembly
Jun 09, 2015 ordered to third reading rules cal.170
rules report cal.170
reported
Jun 02, 2015 amend and recommit to rules 7681a
Jun 02, 2015 reported referred to rules
May 22, 2015 referred to health

Bill Amendments

A7681
A7681A
A7681
A7681A

A7681 - Bill Details

See Senate Version of this Bill:
S5540A
Law Section:
Social Services Law
Laws Affected:
Amd §461-b, Soc Serv L; amd §4653, Pub Health L

A7681 - Bill Texts

view summary

Provides for a streamlined application process for affiliates of licensed operators of adult care facilities and assisted living facilities.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7681

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the social services law, in relation to licensed  opera-
  tors  of  adult care facilities and their affiliates; and to amend the
  public health law, in  relation  to  licensed  operators  of  assisted
  living facilities and their affiliates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 2  of  section  461-b  of  the
social  services  law, as amended by chapter 414 of the laws of 2013, is
amended as follows:
  (b) For existing licensed operators in good standing AND THEIR  AFFIL-
IATES, the department shall develop a streamlined application review and
approval  process, in collaboration with representatives of associations
of operators, to be available for use [on or before January  first,  two
thousand  fourteen] in relation to approval of an additional facility of
the same type.  Notwithstanding any provision of law  or  regulation  to
the  contrary,  the  streamlined application review and approval process
shall include, but not be limited to, the following:
  (i) a certification process and form for the operator OR ITS AFFILIATE
to verify that it will have sufficient financial resources, revenue  and
financing  to  meet  facility  expenses  and resident needs, which shall
satisfy the statutory and regulatory financial component of the applica-
tion review and approval process;
  (ii) a certification process and form for the operator OR  ITS  AFFIL-
IATE  to  verify  that its legal, corporate and organizational documents
comply in substance with department requirements,  which  shall  satisfy
the  statutory  and regulatory legal component of the application review
and approval process;
  (iii) a certification process and form for the operator OR ITS  AFFIL-
IATE  to verify that it is in substantial compliance with all applicable

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11181-01-5

A. 7681                             2

codes, rules and regulations in any other state in  which  it  operates,
and  to  disclose any enforcement or administrative action taken against
it in any other state;
  (iv)  issuance  by the department of a conditional approval to operate
the facility for a specified period of time upon substantial  completion
of  the  character  and  competence,  legal, financial and architectural
components of the application, so long as the operator agrees in writing
to satisfy all pending conditions prior to the expiration of the  condi-
tional approval period or a time frame established by the department;
  (v)  issuance by the department of a conditional approval to construct
a facility, at the operator's own risk, upon substantial  completion  of
the architectural component of the application;
  (vi)  elimination of duplicative submission and review of any applica-
tion information which has been previously reviewed and approved by  the
department  or  any  of  its  regional offices within the past two years
through a certification process and form whereby  the  operator  OR  ITS
AFFILIATE will verify that such application information is duplicative;
  (vii)  with  respect to any programmatic application information to be
reviewed by the regional office, such review shall be conducted  on-site
by  the  regional office during the pre-opening inspection or first full
annual inspection, if the department has previously approved the  opera-
tor  OR  ITS  AFFILIATE  to  operate the same type of program at another
facility within the past two years;
  (viii) electronic submission of applications; and
  (ix) a combined application for licensure as an adult  care  facility,
assisted  living residence and/or assisted living program, to the extent
the department determines such a combined application is feasible.
  FOR PURPOSES OF THIS PARAGRAPH, "AFFILIATE" SHALL MEAN ANY ENTITY THAT
IS UNDER COMMON OWNERSHIP AND/OR CONTROL AS AN EXISTING LICENSED  OPERA-
TOR  IN GOOD STANDING; PROVIDED, HOWEVER, THE AFFILIATE ENTITY MAY HAVE:
(A) DIFFERENT PERCENTAGES OF OWNERSHIP AND/OR CONTROL AMONG THE INDIVID-
UALS APPROVED FOR THE LICENSED OPERATOR IN  GOOD  STANDING;  AND/OR  (B)
FEWER  INDIVIDUALS  WITH  OWNERSHIP AND/OR CONTROL THAN APPROVED FOR THE
LICENSED OPERATOR IN GOOD STANDING.
  For purposes of this paragraph, "good standing" shall mean the  opera-
tor has not (A) received any official written notice from the department
of  a proposed revocation, suspension, denial or limitation on the oper-
ating certificate of the facility or residence; (B) within the  previous
three  years,  been  assessed  a civil penalty after a hearing conducted
pursuant to subparagraph one of paragraph (b) of  subdivision  seven  of
section  four  hundred  sixty-d of this article for a violation that has
not been rectified; (C) within the previous year, received any  official
written  notice  from the department of a proposed assessment of a civil
penalty for a violation described in subparagraph two of  paragraph  (b)
of  subdivision  seven  of section four hundred sixty-d of this article;
(D) within the previous three years, been issued an  order  pursuant  to
subdivision  two,  five, six or eight of section four hundred sixty-d of
this article; (E) within the previous three years, been placed  on,  and
if placed on, removed from the department's "do not refer list" pursuant
to  subdivision fifteen of section four hundred sixty-d of this article.
Provided, however, that in the case of an operator that is not  in  good
standing  as  provided  in this paragraph, the department may permit the
operator to use the streamlined application process, in its  discretion,
if it determines that the disqualifying violation was an isolated occur-
rence that was promptly corrected by the operator[;].

A. 7681                             3

  S  2. Subdivision 2 of section 4653 of the public health law, as added
by chapter 414 of the laws of 2013, is amended to read as follows:
  2.  For  existing licensed operators in good standing AND THEIR AFFIL-
IATES, the department shall develop a streamlined application review and
approval process, in collaboration with representatives of  associations
of  operators,  to be available for use [on or before January first, two
thousand fourteen] in relation to approval of an additional facility  of
the  same  type.   Notwithstanding any provision of law or regulation to
the contrary, the streamlined application review  and  approval  process
shall include, but not be limited to, the following:
  (a) a certification process and form for the operator OR ITS AFFILIATE
to  verify that it will have sufficient financial resources, revenue and
financing to meet facility expenses  and  resident  needs,  which  shall
satisfy the statutory and regulatory financial component of the applica-
tion review and approval process;
  (b) a certification process and form for the operator OR ITS AFFILIATE
to  verify that its legal, corporate and organizational documents comply
in substance with department requirements, which shall satisfy the stat-
utory and regulatory legal  component  of  the  application  review  and
approval process;
  (c) a certification process and form for the operator OR ITS AFFILIATE
to  verify  that  it  is  in  substantial compliance with all applicable
codes, rules and regulations in any other state in  which  it  operates,
and  to  disclose any enforcement or administrative action taken against
it in any other state;
  (d) issuance by the department of a conditional  approval  to  operate
the  facility for a specified period of time upon substantial completion
of the character and  competence,  legal,  financial  and  architectural
components of the application, so long as the operator agrees in writing
to  satisfy all pending conditions prior to the expiration of the condi-
tional approval period or a time frame established by the department;
  (e) issuance by the department of a conditional approval to  construct
a  facility,  at the operator's own risk, upon substantial completion of
the architectural component of the application;
  (f) elimination of duplicative submission and review of  any  applica-
tion  information which has been previously reviewed and approved by the
department or any of its regional offices  within  the  past  two  years
through  a  certification  process  and form whereby the operator OR ITS
AFFILIATE will verify that such application information is duplicative;
  (g) with respect to any programmatic  application  information  to  be
reviewed  by the regional office, such review shall be conducted on-site
by the regional office during the pre-opening inspection or  first  full
annual  inspection, if the department has previously approved the opera-
tor OR ITS AFFILIATE to operate the same  type  of  program  at  another
facility within the past two years;
  (h) electronic submission of applications; and
  (i)  a  combined  application for licensure as an adult care facility,
assisted living residence and/or assisted living program, to the  extent
the department determines such a combined application is feasible.
  FOR  PURPOSES  OF  THIS SUBDIVISION, "AFFILIATE" SHALL MEAN ANY ENTITY
THAT IS UNDER COMMON OWNERSHIP AND/OR CONTROL AS  AN  EXISTING  LICENSED
OPERATOR  IN  GOOD STANDING; PROVIDED, HOWEVER, THE AFFILIATE ENTITY MAY
HAVE: (A) DIFFERENT PERCENTAGES OF OWNERSHIP AND/OR  CONTROL  AMONG  THE
INDIVIDUALS  APPROVED FOR THE LICENSED OPERATOR IN GOOD STANDING; AND/OR
(B) FEWER INDIVIDUALS WITH OWNERSHIP AND/OR CONTROL  THAN  APPROVED  FOR
THE LICENSED OPERATOR IN GOOD STANDING.

A. 7681                             4

  For purposes of this subdivision, "good standing" shall mean the oper-
ator  has  not (i) received any official written notice from the depart-
ment of a proposed revocation, suspension, denial or limitation  on  the
operating  certificate  of  the  facility  or residence; (ii) within the
previous  three  years,  been  assessed  a civil penalty after a hearing
conducted pursuant to subparagraph one of paragraph (b)  of  subdivision
seven  of  section four hundred sixty-d of the social services law for a
violation that has not been rectified; (iii) within the  previous  year,
received  any  official written notice from the department of a proposed
assessment of a civil penalty for a violation described in  subparagraph
two  of  paragraph  (b)  of  subdivision  seven  of section four hundred
sixty-d of the social services  law;  (iv)  within  the  previous  three
years,  been  issued an order pursuant to subdivision two, five, six, or
eight of section four hundred sixty-d of the social  services  law;  (v)
within  the  previous  three  years,  been  placed on, and if placed on,
removed from the department's "do not refer list" pursuant  to  subdivi-
sion fifteen of section four hundred sixty-d of the social services law.
Provided,  however,  that in the case of an operator that is not in good
standing as provided in this paragraph, the department  may  permit  the
operator  to use the streamlined application process, in its discretion,
if it determines that the disqualifying violation was an isolated occur-
rence that was promptly corrected by the operator.
  S 3. This act shall take effect immediately.

A7681A - Bill Details

See Senate Version of this Bill:
S5540A
Law Section:
Social Services Law
Laws Affected:
Amd §461-b, Soc Serv L; amd §4653, Pub Health L

A7681A - Bill Texts

view summary

Provides for a streamlined application process for affiliates of licensed operators of adult care facilities and assisted living facilities.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7681--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health -- reported and referred to the Committee on Rules
  -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to the Committee on Rules

AN  ACT to amend the social services law, in relation to licensed opera-
  tors of adult care facilities and their affiliates; and to  amend  the
  public  health  law,  in  relation  to  licensed operators of assisted
  living facilities and their affiliates

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (b)  of  subdivision 2 of section 461-b of the
social services law, as amended by chapter 414 of the laws of  2013,  is
amended to read as follows:
  (b)  For existing licensed operators in good standing AND THEIR AFFIL-
IATES, the department shall develop a streamlined application review and
approval process, in collaboration with representatives of  associations
of  operators,  to be available for use [on or before January first, two
thousand fourteen] in relation to approval of an additional facility  of
the  same  type.   Notwithstanding any provision of law or regulation to
the contrary, the streamlined application review  and  approval  process
shall include, but not be limited to, the following:
  (i) a certification process and form for the operator OR ITS AFFILIATE
to  verify that it will have sufficient financial resources, revenue and
financing to meet facility expenses  and  resident  needs,  which  shall
satisfy the statutory and regulatory financial component of the applica-
tion review and approval process;
  (ii)  a  certification process and form for the operator OR ITS AFFIL-
IATE to verify that its legal, corporate  and  organizational  documents
comply  in  substance  with department requirements, which shall satisfy
the statutory and regulatory legal component of the  application  review
and approval process;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11181-02-5

A. 7681--A                          2

  (iii)  a certification process and form for the operator OR ITS AFFIL-
IATE to verify that it is in substantial compliance with all  applicable
codes,  rules  and  regulations in any other state in which it operates,
and to disclose any enforcement or administrative action  taken  against
it in any other state;
  (iv)  issuance  by the department of a conditional approval to operate
the facility for a specified period of time upon substantial  completion
of  the  character  and  competence,  legal, financial and architectural
components of the application, so long as the operator OR ITS  AFFILIATE
agrees in writing to satisfy all pending conditions prior to the expira-
tion  of  the conditional approval period or a time frame established by
the department;
  (v) issuance by the department of a conditional approval to  construct
a facility, at the operator's OR ITS AFFILIATE'S own risk, upon substan-
tial completion of the architectural component of the application;
  (vi)  elimination of duplicative submission and review of any applica-
tion information which has been previously reviewed and approved by  the
department  or  any  of  its  regional offices within the past two years
through a certification process and form whereby  the  operator  OR  ITS
AFFILIATE will verify that such application information is duplicative;
  (vii)  with  respect to any programmatic application information to be
reviewed by the regional office, such review shall be conducted  on-site
by  the  regional office during the pre-opening inspection or first full
annual inspection, if the department has previously approved the  opera-
tor  OR  ITS  AFFILIATE  to  operate the same type of program at another
facility within the past two years;
  (viii) electronic submission of applications; and
  (ix) a combined application for licensure as an adult  care  facility,
assisted  living residence and/or assisted living program, to the extent
the department determines such a combined application is feasible.
  FOR PURPOSES OF THIS PARAGRAPH, "AFFILIATE" SHALL MEAN ANY ENTITY THAT
IS UNDER COMMON OWNERSHIP AND/OR CONTROL, DIRECTLY OR INDIRECTLY, AS  AN
EXISTING  LICENSED  OPERATOR  IN  GOOD  STANDING; PROVIDED, HOWEVER, THE
AFFILIATE ENTITY MAY HAVE: (A) DIFFERENT PERCENTAGES OF OWNERSHIP AND/OR
CONTROL AMONG THE INDIVIDUALS APPROVED FOR THE LICENSED OPERATOR IN GOOD
STANDING; AND/OR (B) FEWER INDIVIDUALS  WITH  OWNERSHIP  AND/OR  CONTROL
THAN APPROVED FOR THE LICENSED OPERATOR IN GOOD STANDING.
  For  purposes of this paragraph, "good standing" shall mean the opera-
tor [has] AND ITS AFFILIATES HAVE not (A) received any official  written
notice  from the department of a proposed revocation, suspension, denial
or limitation on the operating certificate of the facility or residence;
(B) within the previous three years, been assessed a civil penalty after
a hearing conducted pursuant to subparagraph one  of  paragraph  (b)  of
subdivision  seven of section four hundred sixty-d of this article for a
violation that has not been rectified; (C)  within  the  previous  year,
received  any  official written notice from the department of a proposed
assessment of a civil penalty for a violation described in  subparagraph
two  of  paragraph  (b)  of  subdivision  seven  of section four hundred
sixty-d of this article; (D)  within  the  previous  three  years,  been
issued  an  order  pursuant  to  subdivision  two, five, six or eight of
section four hundred sixty-d of this article; (E)  within  the  previous
three  years, been placed on, and if placed on, removed from the depart-
ment's "do not refer list" pursuant to subdivision  fifteen  of  section
four  hundred  sixty-d  of this article.  Provided, however, that in the
case of an operator OR  AFFILIATE  that  is  not  in  good  standing  as
provided  in  this  paragraph, the department may permit the operator OR

A. 7681--A                          3

AFFILIATE to use the streamlined application process, in its discretion,
if it determines that the disqualifying violation was an isolated occur-
rence that was promptly corrected by the operator[;]OR AFFILIATE.
  S  2. Subdivision 2 of section 4653 of the public health law, as added
by chapter 414 of the laws of 2013, is amended to read as follows:
  2. For existing licensed operators in good standing AND  THEIR  AFFIL-
IATES, the department shall develop a streamlined application review and
approval  process, in collaboration with representatives of associations
of operators, to be available for use [on or before January  first,  two
thousand  fourteen] in relation to approval of an additional facility of
the same type.  Notwithstanding any provision of law  or  regulation  to
the  contrary,  the  streamlined application review and approval process
shall include, but not be limited to, the following:
  (a) a certification process and form for the operator OR ITS AFFILIATE
to verify that it will have sufficient financial resources, revenue  and
financing  to  meet  facility  expenses  and resident needs, which shall
satisfy the statutory and regulatory financial component of the applica-
tion review and approval process;
  (b) a certification process and form for the operator OR ITS AFFILIATE
to verify that its legal, corporate and organizational documents  comply
in substance with department requirements, which shall satisfy the stat-
utory  and  regulatory  legal  component  of  the application review and
approval process;
  (c) a certification process and form for the operator OR ITS AFFILIATE
to verify that it is  in  substantial  compliance  with  all  applicable
codes,  rules  and  regulations in any other state in which it operates,
and to disclose any enforcement or administrative action  taken  against
it in any other state;
  (d)  issuance  by  the department of a conditional approval to operate
the facility for a specified period of time upon substantial  completion
of  the  character  and  competence,  legal, financial and architectural
components of the application, so long as the operator OR ITS  AFFILIATE
agrees in writing to satisfy all pending conditions prior to the expira-
tion  of  the conditional approval period or a time frame established by
the department;
  (e) issuance by the department of a conditional approval to  construct
a facility, at the operator's OR ITS AFFILIATE'S own risk, upon substan-
tial completion of the architectural component of the application;
  (f)  elimination  of duplicative submission and review of any applica-
tion information which has been previously reviewed and approved by  the
department  or  any  of  its  regional offices within the past two years
through a certification process and form whereby  the  operator  OR  ITS
AFFILIATE will verify that such application information is duplicative;
  (g)  with  respect  to  any programmatic application information to be
reviewed by the regional office, such review shall be conducted  on-site
by  the  regional office during the pre-opening inspection or first full
annual inspection, if the department has previously approved the  opera-
tor  OR  ITS  AFFILIATE  to  operate the same type of program at another
facility within the past two years;
  (h) electronic submission of applications; and
  (i) a combined application for licensure as an  adult  care  facility,
assisted  living residence and/or assisted living program, to the extent
the department determines such a combined application is feasible.
  FOR PURPOSES OF THIS SUBDIVISION, "AFFILIATE" SHALL  MEAN  ANY  ENTITY
THAT  IS  UNDER COMMON OWNERSHIP AND/OR CONTROL, DIRECTLY OR INDIRECTLY,
AS AN EXISTING LICENSED OPERATOR IN GOOD  STANDING;  PROVIDED,  HOWEVER,

A. 7681--A                          4

THE  AFFILIATE  ENTITY  MAY HAVE: (A) DIFFERENT PERCENTAGES OF OWNERSHIP
AND/OR CONTROL AMONG THE INDIVIDUALS APPROVED FOR THE LICENSED  OPERATOR
IN GOOD STANDING (PROVIDED THAT ALL OF THE INDIVIDUALS HAVE AN OWNERSHIP
INTEREST  AND/OR  CONTROL  AS THE OPERATOR IN GOOD STANDING); AND/OR (B)
FEWER INDIVIDUALS WITH OWNERSHIP AND/OR CONTROL THAN  APPROVED  FOR  THE
LICENSED OPERATOR IN GOOD STANDING.
  For purposes of this subdivision, "good standing" shall mean the oper-
ator  [has] AND ITS AFFILIATE HAVE not (i) received any official written
notice from the department of a proposed revocation, suspension,  denial
or limitation on the operating certificate of the facility or residence;
(ii)  within  the  previous  three  years, been assessed a civil penalty
after a hearing conducted pursuant to subparagraph one of paragraph  (b)
of  subdivision  seven  of  section  four  hundred sixty-d of the social
services law for a violation that has not been rectified;  (iii)  within
the previous year, received any official written notice from the depart-
ment  of  a  proposed  assessment  of  a  civil  penalty for a violation
described in subparagraph two of paragraph (b) of subdivision  seven  of
section four hundred sixty-d of the social services law; (iv) within the
previous  three years, been issued an order pursuant to subdivision two,
five, six, or eight of  section  four  hundred  sixty-d  of  the  social
services  law;  (v) within the previous three years, been placed on, and
if placed on, removed from the department's "do not refer list" pursuant
to subdivision fifteen of section four hundred  sixty-d  of  the  social
services  law.  Provided,  however,  that  in the case of an operator OR
AFFILIATE that is not in good standing as provided  in  this  paragraph,
the  department  may permit the operator OR AFFILIATE to use the stream-
lined application process, in its discretion, if it determines that  the
disqualifying  violation  was  an  isolated occurrence that was promptly
corrected by the operator OR AFFILIATE.
  S 3. This act shall take effect immediately.

assembly Bill A7681

Signed By Governor
2015-2016 Legislative Session

Provides for streamlined application process for affiliates of licensed operators of adult care facilities and assisted living facilities

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 22, 2015 approval memo.28
signed chap.574
Dec 16, 2015 delivered to governor
Jun 15, 2015 returned to assembly
passed senate
substituted for s5540a
Jun 10, 2015 referred to finance
delivered to senate
passed assembly
Jun 09, 2015 ordered to third reading rules cal.170
rules report cal.170
reported
Jun 02, 2015 amend and recommit to rules 7681a
Jun 02, 2015 reported referred to rules
May 22, 2015 referred to health

Bill Amendments

A7681
A7681A
A7681
A7681A

A7681 - Bill Details

Law Section:
Social Services Law
Laws Affected:
Amd §461-b, Soc Serv L; amd §4653, Pub Health L

A7681 - Bill Texts

view summary

Provides for a streamlined application process for affiliates of licensed operators of adult care facilities and assisted living facilities.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7681

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the social services law, in relation to licensed  opera-
  tors  of  adult care facilities and their affiliates; and to amend the
  public health law, in  relation  to  licensed  operators  of  assisted
  living facilities and their affiliates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 2  of  section  461-b  of  the
social  services  law, as amended by chapter 414 of the laws of 2013, is
amended as follows:
  (b) For existing licensed operators in good standing AND THEIR  AFFIL-
IATES, the department shall develop a streamlined application review and
approval  process, in collaboration with representatives of associations
of operators, to be available for use [on or before January  first,  two
thousand  fourteen] in relation to approval of an additional facility of
the same type.  Notwithstanding any provision of law  or  regulation  to
the  contrary,  the  streamlined application review and approval process
shall include, but not be limited to, the following:
  (i) a certification process and form for the operator OR ITS AFFILIATE
to verify that it will have sufficient financial resources, revenue  and
financing  to  meet  facility  expenses  and resident needs, which shall
satisfy the statutory and regulatory financial component of the applica-
tion review and approval process;
  (ii) a certification process and form for the operator OR  ITS  AFFIL-
IATE  to  verify  that its legal, corporate and organizational documents
comply in substance with department requirements,  which  shall  satisfy
the  statutory  and regulatory legal component of the application review
and approval process;
  (iii) a certification process and form for the operator OR ITS  AFFIL-
IATE  to verify that it is in substantial compliance with all applicable

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11181-01-5

A. 7681                             2

codes, rules and regulations in any other state in  which  it  operates,
and  to  disclose any enforcement or administrative action taken against
it in any other state;
  (iv)  issuance  by the department of a conditional approval to operate
the facility for a specified period of time upon substantial  completion
of  the  character  and  competence,  legal, financial and architectural
components of the application, so long as the operator agrees in writing
to satisfy all pending conditions prior to the expiration of the  condi-
tional approval period or a time frame established by the department;
  (v)  issuance by the department of a conditional approval to construct
a facility, at the operator's own risk, upon substantial  completion  of
the architectural component of the application;
  (vi)  elimination of duplicative submission and review of any applica-
tion information which has been previously reviewed and approved by  the
department  or  any  of  its  regional offices within the past two years
through a certification process and form whereby  the  operator  OR  ITS
AFFILIATE will verify that such application information is duplicative;
  (vii)  with  respect to any programmatic application information to be
reviewed by the regional office, such review shall be conducted  on-site
by  the  regional office during the pre-opening inspection or first full
annual inspection, if the department has previously approved the  opera-
tor  OR  ITS  AFFILIATE  to  operate the same type of program at another
facility within the past two years;
  (viii) electronic submission of applications; and
  (ix) a combined application for licensure as an adult  care  facility,
assisted  living residence and/or assisted living program, to the extent
the department determines such a combined application is feasible.
  FOR PURPOSES OF THIS PARAGRAPH, "AFFILIATE" SHALL MEAN ANY ENTITY THAT
IS UNDER COMMON OWNERSHIP AND/OR CONTROL AS AN EXISTING LICENSED  OPERA-
TOR  IN GOOD STANDING; PROVIDED, HOWEVER, THE AFFILIATE ENTITY MAY HAVE:
(A) DIFFERENT PERCENTAGES OF OWNERSHIP AND/OR CONTROL AMONG THE INDIVID-
UALS APPROVED FOR THE LICENSED OPERATOR IN  GOOD  STANDING;  AND/OR  (B)
FEWER  INDIVIDUALS  WITH  OWNERSHIP AND/OR CONTROL THAN APPROVED FOR THE
LICENSED OPERATOR IN GOOD STANDING.
  For purposes of this paragraph, "good standing" shall mean the  opera-
tor has not (A) received any official written notice from the department
of  a proposed revocation, suspension, denial or limitation on the oper-
ating certificate of the facility or residence; (B) within the  previous
three  years,  been  assessed  a civil penalty after a hearing conducted
pursuant to subparagraph one of paragraph (b) of  subdivision  seven  of
section  four  hundred  sixty-d of this article for a violation that has
not been rectified; (C) within the previous year, received any  official
written  notice  from the department of a proposed assessment of a civil
penalty for a violation described in subparagraph two of  paragraph  (b)
of  subdivision  seven  of section four hundred sixty-d of this article;
(D) within the previous three years, been issued an  order  pursuant  to
subdivision  two,  five, six or eight of section four hundred sixty-d of
this article; (E) within the previous three years, been placed  on,  and
if placed on, removed from the department's "do not refer list" pursuant
to  subdivision fifteen of section four hundred sixty-d of this article.
Provided, however, that in the case of an operator that is not  in  good
standing  as  provided  in this paragraph, the department may permit the
operator to use the streamlined application process, in its  discretion,
if it determines that the disqualifying violation was an isolated occur-
rence that was promptly corrected by the operator[;].

A. 7681                             3

  S  2. Subdivision 2 of section 4653 of the public health law, as added
by chapter 414 of the laws of 2013, is amended to read as follows:
  2.  For  existing licensed operators in good standing AND THEIR AFFIL-
IATES, the department shall develop a streamlined application review and
approval process, in collaboration with representatives of  associations
of  operators,  to be available for use [on or before January first, two
thousand fourteen] in relation to approval of an additional facility  of
the  same  type.   Notwithstanding any provision of law or regulation to
the contrary, the streamlined application review  and  approval  process
shall include, but not be limited to, the following:
  (a) a certification process and form for the operator OR ITS AFFILIATE
to  verify that it will have sufficient financial resources, revenue and
financing to meet facility expenses  and  resident  needs,  which  shall
satisfy the statutory and regulatory financial component of the applica-
tion review and approval process;
  (b) a certification process and form for the operator OR ITS AFFILIATE
to  verify that its legal, corporate and organizational documents comply
in substance with department requirements, which shall satisfy the stat-
utory and regulatory legal  component  of  the  application  review  and
approval process;
  (c) a certification process and form for the operator OR ITS AFFILIATE
to  verify  that  it  is  in  substantial compliance with all applicable
codes, rules and regulations in any other state in  which  it  operates,
and  to  disclose any enforcement or administrative action taken against
it in any other state;
  (d) issuance by the department of a conditional  approval  to  operate
the  facility for a specified period of time upon substantial completion
of the character and  competence,  legal,  financial  and  architectural
components of the application, so long as the operator agrees in writing
to  satisfy all pending conditions prior to the expiration of the condi-
tional approval period or a time frame established by the department;
  (e) issuance by the department of a conditional approval to  construct
a  facility,  at the operator's own risk, upon substantial completion of
the architectural component of the application;
  (f) elimination of duplicative submission and review of  any  applica-
tion  information which has been previously reviewed and approved by the
department or any of its regional offices  within  the  past  two  years
through  a  certification  process  and form whereby the operator OR ITS
AFFILIATE will verify that such application information is duplicative;
  (g) with respect to any programmatic  application  information  to  be
reviewed  by the regional office, such review shall be conducted on-site
by the regional office during the pre-opening inspection or  first  full
annual  inspection, if the department has previously approved the opera-
tor OR ITS AFFILIATE to operate the same  type  of  program  at  another
facility within the past two years;
  (h) electronic submission of applications; and
  (i)  a  combined  application for licensure as an adult care facility,
assisted living residence and/or assisted living program, to the  extent
the department determines such a combined application is feasible.
  FOR  PURPOSES  OF  THIS SUBDIVISION, "AFFILIATE" SHALL MEAN ANY ENTITY
THAT IS UNDER COMMON OWNERSHIP AND/OR CONTROL AS  AN  EXISTING  LICENSED
OPERATOR  IN  GOOD STANDING; PROVIDED, HOWEVER, THE AFFILIATE ENTITY MAY
HAVE: (A) DIFFERENT PERCENTAGES OF OWNERSHIP AND/OR  CONTROL  AMONG  THE
INDIVIDUALS  APPROVED FOR THE LICENSED OPERATOR IN GOOD STANDING; AND/OR
(B) FEWER INDIVIDUALS WITH OWNERSHIP AND/OR CONTROL  THAN  APPROVED  FOR
THE LICENSED OPERATOR IN GOOD STANDING.

A. 7681                             4

  For purposes of this subdivision, "good standing" shall mean the oper-
ator  has  not (i) received any official written notice from the depart-
ment of a proposed revocation, suspension, denial or limitation  on  the
operating  certificate  of  the  facility  or residence; (ii) within the
previous  three  years,  been  assessed  a civil penalty after a hearing
conducted pursuant to subparagraph one of paragraph (b)  of  subdivision
seven  of  section four hundred sixty-d of the social services law for a
violation that has not been rectified; (iii) within the  previous  year,
received  any  official written notice from the department of a proposed
assessment of a civil penalty for a violation described in  subparagraph
two  of  paragraph  (b)  of  subdivision  seven  of section four hundred
sixty-d of the social services  law;  (iv)  within  the  previous  three
years,  been  issued an order pursuant to subdivision two, five, six, or
eight of section four hundred sixty-d of the social  services  law;  (v)
within  the  previous  three  years,  been  placed on, and if placed on,
removed from the department's "do not refer list" pursuant  to  subdivi-
sion fifteen of section four hundred sixty-d of the social services law.
Provided,  however,  that in the case of an operator that is not in good
standing as provided in this paragraph, the department  may  permit  the
operator  to use the streamlined application process, in its discretion,
if it determines that the disqualifying violation was an isolated occur-
rence that was promptly corrected by the operator.
  S 3. This act shall take effect immediately.

A7681A - Bill Details

Law Section:
Social Services Law
Laws Affected:
Amd §461-b, Soc Serv L; amd §4653, Pub Health L

A7681A - Bill Texts

view summary

Provides for a streamlined application process for affiliates of licensed operators of adult care facilities and assisted living facilities.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7681--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health -- reported and referred to the Committee on Rules
  -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to the Committee on Rules

AN  ACT to amend the social services law, in relation to licensed opera-
  tors of adult care facilities and their affiliates; and to  amend  the
  public  health  law,  in  relation  to  licensed operators of assisted
  living facilities and their affiliates

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (b)  of  subdivision 2 of section 461-b of the
social services law, as amended by chapter 414 of the laws of  2013,  is
amended to read as follows:
  (b)  For existing licensed operators in good standing AND THEIR AFFIL-
IATES, the department shall develop a streamlined application review and
approval process, in collaboration with representatives of  associations
of  operators,  to be available for use [on or before January first, two
thousand fourteen] in relation to approval of an additional facility  of
the  same  type.   Notwithstanding any provision of law or regulation to
the contrary, the streamlined application review  and  approval  process
shall include, but not be limited to, the following:
  (i) a certification process and form for the operator OR ITS AFFILIATE
to  verify that it will have sufficient financial resources, revenue and
financing to meet facility expenses  and  resident  needs,  which  shall
satisfy the statutory and regulatory financial component of the applica-
tion review and approval process;
  (ii)  a  certification process and form for the operator OR ITS AFFIL-
IATE to verify that its legal, corporate  and  organizational  documents
comply  in  substance  with department requirements, which shall satisfy
the statutory and regulatory legal component of the  application  review
and approval process;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11181-02-5

A. 7681--A                          2

  (iii)  a certification process and form for the operator OR ITS AFFIL-
IATE to verify that it is in substantial compliance with all  applicable
codes,  rules  and  regulations in any other state in which it operates,
and to disclose any enforcement or administrative action  taken  against
it in any other state;
  (iv)  issuance  by the department of a conditional approval to operate
the facility for a specified period of time upon substantial  completion
of  the  character  and  competence,  legal, financial and architectural
components of the application, so long as the operator OR ITS  AFFILIATE
agrees in writing to satisfy all pending conditions prior to the expira-
tion  of  the conditional approval period or a time frame established by
the department;
  (v) issuance by the department of a conditional approval to  construct
a facility, at the operator's OR ITS AFFILIATE'S own risk, upon substan-
tial completion of the architectural component of the application;
  (vi)  elimination of duplicative submission and review of any applica-
tion information which has been previously reviewed and approved by  the
department  or  any  of  its  regional offices within the past two years
through a certification process and form whereby  the  operator  OR  ITS
AFFILIATE will verify that such application information is duplicative;
  (vii)  with  respect to any programmatic application information to be
reviewed by the regional office, such review shall be conducted  on-site
by  the  regional office during the pre-opening inspection or first full
annual inspection, if the department has previously approved the  opera-
tor  OR  ITS  AFFILIATE  to  operate the same type of program at another
facility within the past two years;
  (viii) electronic submission of applications; and
  (ix) a combined application for licensure as an adult  care  facility,
assisted  living residence and/or assisted living program, to the extent
the department determines such a combined application is feasible.
  FOR PURPOSES OF THIS PARAGRAPH, "AFFILIATE" SHALL MEAN ANY ENTITY THAT
IS UNDER COMMON OWNERSHIP AND/OR CONTROL, DIRECTLY OR INDIRECTLY, AS  AN
EXISTING  LICENSED  OPERATOR  IN  GOOD  STANDING; PROVIDED, HOWEVER, THE
AFFILIATE ENTITY MAY HAVE: (A) DIFFERENT PERCENTAGES OF OWNERSHIP AND/OR
CONTROL AMONG THE INDIVIDUALS APPROVED FOR THE LICENSED OPERATOR IN GOOD
STANDING; AND/OR (B) FEWER INDIVIDUALS  WITH  OWNERSHIP  AND/OR  CONTROL
THAN APPROVED FOR THE LICENSED OPERATOR IN GOOD STANDING.
  For  purposes of this paragraph, "good standing" shall mean the opera-
tor [has] AND ITS AFFILIATES HAVE not (A) received any official  written
notice  from the department of a proposed revocation, suspension, denial
or limitation on the operating certificate of the facility or residence;
(B) within the previous three years, been assessed a civil penalty after
a hearing conducted pursuant to subparagraph one  of  paragraph  (b)  of
subdivision  seven of section four hundred sixty-d of this article for a
violation that has not been rectified; (C)  within  the  previous  year,
received  any  official written notice from the department of a proposed
assessment of a civil penalty for a violation described in  subparagraph
two  of  paragraph  (b)  of  subdivision  seven  of section four hundred
sixty-d of this article; (D)  within  the  previous  three  years,  been
issued  an  order  pursuant  to  subdivision  two, five, six or eight of
section four hundred sixty-d of this article; (E)  within  the  previous
three  years, been placed on, and if placed on, removed from the depart-
ment's "do not refer list" pursuant to subdivision  fifteen  of  section
four  hundred  sixty-d  of this article.  Provided, however, that in the
case of an operator OR  AFFILIATE  that  is  not  in  good  standing  as
provided  in  this  paragraph, the department may permit the operator OR

A. 7681--A                          3

AFFILIATE to use the streamlined application process, in its discretion,
if it determines that the disqualifying violation was an isolated occur-
rence that was promptly corrected by the operator[;]OR AFFILIATE.
  S  2. Subdivision 2 of section 4653 of the public health law, as added
by chapter 414 of the laws of 2013, is amended to read as follows:
  2. For existing licensed operators in good standing AND  THEIR  AFFIL-
IATES, the department shall develop a streamlined application review and
approval  process, in collaboration with representatives of associations
of operators, to be available for use [on or before January  first,  two
thousand  fourteen] in relation to approval of an additional facility of
the same type.  Notwithstanding any provision of law  or  regulation  to
the  contrary,  the  streamlined application review and approval process
shall include, but not be limited to, the following:
  (a) a certification process and form for the operator OR ITS AFFILIATE
to verify that it will have sufficient financial resources, revenue  and
financing  to  meet  facility  expenses  and resident needs, which shall
satisfy the statutory and regulatory financial component of the applica-
tion review and approval process;
  (b) a certification process and form for the operator OR ITS AFFILIATE
to verify that its legal, corporate and organizational documents  comply
in substance with department requirements, which shall satisfy the stat-
utory  and  regulatory  legal  component  of  the application review and
approval process;
  (c) a certification process and form for the operator OR ITS AFFILIATE
to verify that it is  in  substantial  compliance  with  all  applicable
codes,  rules  and  regulations in any other state in which it operates,
and to disclose any enforcement or administrative action  taken  against
it in any other state;
  (d)  issuance  by  the department of a conditional approval to operate
the facility for a specified period of time upon substantial  completion
of  the  character  and  competence,  legal, financial and architectural
components of the application, so long as the operator OR ITS  AFFILIATE
agrees in writing to satisfy all pending conditions prior to the expira-
tion  of  the conditional approval period or a time frame established by
the department;
  (e) issuance by the department of a conditional approval to  construct
a facility, at the operator's OR ITS AFFILIATE'S own risk, upon substan-
tial completion of the architectural component of the application;
  (f)  elimination  of duplicative submission and review of any applica-
tion information which has been previously reviewed and approved by  the
department  or  any  of  its  regional offices within the past two years
through a certification process and form whereby  the  operator  OR  ITS
AFFILIATE will verify that such application information is duplicative;
  (g)  with  respect  to  any programmatic application information to be
reviewed by the regional office, such review shall be conducted  on-site
by  the  regional office during the pre-opening inspection or first full
annual inspection, if the department has previously approved the  opera-
tor  OR  ITS  AFFILIATE  to  operate the same type of program at another
facility within the past two years;
  (h) electronic submission of applications; and
  (i) a combined application for licensure as an  adult  care  facility,
assisted  living residence and/or assisted living program, to the extent
the department determines such a combined application is feasible.
  FOR PURPOSES OF THIS SUBDIVISION, "AFFILIATE" SHALL  MEAN  ANY  ENTITY
THAT  IS  UNDER COMMON OWNERSHIP AND/OR CONTROL, DIRECTLY OR INDIRECTLY,
AS AN EXISTING LICENSED OPERATOR IN GOOD  STANDING;  PROVIDED,  HOWEVER,

A. 7681--A                          4

THE  AFFILIATE  ENTITY  MAY HAVE: (A) DIFFERENT PERCENTAGES OF OWNERSHIP
AND/OR CONTROL AMONG THE INDIVIDUALS APPROVED FOR THE LICENSED  OPERATOR
IN GOOD STANDING (PROVIDED THAT ALL OF THE INDIVIDUALS HAVE AN OWNERSHIP
INTEREST  AND/OR  CONTROL  AS THE OPERATOR IN GOOD STANDING); AND/OR (B)
FEWER INDIVIDUALS WITH OWNERSHIP AND/OR CONTROL THAN  APPROVED  FOR  THE
LICENSED OPERATOR IN GOOD STANDING.
  For purposes of this subdivision, "good standing" shall mean the oper-
ator  [has] AND ITS AFFILIATE HAVE not (i) received any official written
notice from the department of a proposed revocation, suspension,  denial
or limitation on the operating certificate of the facility or residence;
(ii)  within  the  previous  three  years, been assessed a civil penalty
after a hearing conducted pursuant to subparagraph one of paragraph  (b)
of  subdivision  seven  of  section  four  hundred sixty-d of the social
services law for a violation that has not been rectified;  (iii)  within
the previous year, received any official written notice from the depart-
ment  of  a  proposed  assessment  of  a  civil  penalty for a violation
described in subparagraph two of paragraph (b) of subdivision  seven  of
section four hundred sixty-d of the social services law; (iv) within the
previous  three years, been issued an order pursuant to subdivision two,
five, six, or eight of  section  four  hundred  sixty-d  of  the  social
services  law;  (v) within the previous three years, been placed on, and
if placed on, removed from the department's "do not refer list" pursuant
to subdivision fifteen of section four hundred  sixty-d  of  the  social
services  law.  Provided,  however,  that  in the case of an operator OR
AFFILIATE that is not in good standing as provided  in  this  paragraph,
the  department  may permit the operator OR AFFILIATE to use the stream-
lined application process, in its discretion, if it determines that  the
disqualifying  violation  was  an  isolated occurrence that was promptly
corrected by the operator OR AFFILIATE.
  S 3. This act shall take effect immediately.

assembly Bill A7679

Signed By Governor
2015-2016 Legislative Session

Relates to permanency hearings for youth in foster care

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 22, 2015 approval memo.27
signed chap.573
Dec 16, 2015 delivered to governor
Jun 15, 2015 returned to assembly
passed senate
substituted for s5258a
referred to rules
delivered to senate
passed assembly
Jun 10, 2015 ordered to third reading rules cal.300
rules report cal.300
reported
Jun 08, 2015 reported referred to rules
Jun 02, 2015 reported referred to codes
May 21, 2015 referred to children and families

A7679 - Bill Details

See Senate Version of this Bill:
S5258A
Law Section:
Family Court Act
Laws Affected:
Amd §1089, Fam Ct Act

A7679 - Bill Texts

view summary

Relates to permanency hearings for youth in foster care.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7679

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Children and Families

AN ACT to amend the family court act, in relation to permanency hearings
  for youth in foster care

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraphs  (i) and (ii) of paragraph 1 of subdivision
(b) of section 1089 of the family court act, subparagraph (i) as amended
by chapter 437 of the laws of 2006,  subparagraph  (ii)  as  amended  by
chapter 41 of the laws of 2010, are amended and a new subparagraph (iii)
is added to read as follows:
  (i)  the  child's  parent, including any non-respondent parent, unless
the parental rights of the parent have been  terminated  or  surrendered
and  any  other  person  legally responsible for the child's care at the
most recent address or addresses known  to  the  local  social  services
district  or  agency,  and  the  foster  parent  in whose home the child
currently resides, each of whom shall be  a  party  to  the  proceeding;
[and]
  (ii)  the  agency  supervising  the care of the child on behalf of the
social services district with whom the child  was  placed,  the  child's
attorney, and the attorney for the respondent parent[.]; AND
  (III)  IF  THE CHILD IS AGE TEN OR OLDER, THE NOTICE OF THE PERMANENCY
HEARING SHALL ALSO BE PROVIDED TO THE CHILD. THE CHILD HAS A RIGHT TO BE
PRESENT AT THE HEARING, EXCEPT UPON A WAIVER OF THAT RIGHT AFTER CONSUL-
TATION WITH THE ATTORNEY FOR THE  CHILD.  UPON  AN  APPLICATION  BY  THE
ATTORNEY  FOR  THE  CHILD, THE COURT SHALL GRANT AN ADJOURNMENT WHENEVER
NECESSARY TO PROTECT THE CHILD'S RIGHT TO  MEANINGFULLY  PARTICIPATE  IN
THE HEARING.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11333-01-5

assembly Bill A5318

Vetoed By Governor
2015-2016 Legislative Session

Establishes a dementia and Alzheimer's disease program database

download bill text pdf

Sponsored By

Current Bill Status Via S3968 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 20, 2015 vetoed memo.257
Nov 10, 2015 delivered to governor
Jun 16, 2015 returned to senate
passed assembly
ordered to third reading rules cal.347
substituted for a5318
Jun 16, 2015 substituted by s3968
Jun 15, 2015 ordered to third reading rules cal.347
rules report cal.347
reported
Jun 03, 2015 reported referred to rules
Feb 26, 2015 reported referred to ways and means
Feb 18, 2015 referred to aging

A5318 - Bill Details

See Senate Version of this Bill:
S3968
Law Section:
Elder Law
Laws Affected:
Add §224, Eld L
Versions Introduced in 2013-2014 Legislative Session:
A9495

A5318 - Bill Texts

view summary

Establishes a dementia and Alzheimer's disease program database.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5318

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee on Aging

AN ACT to amend the elder law, in relation to  establishing  a  dementia
  and Alzheimer's disease program database

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The elder law is amended by adding a  new  section  224  to
read as follows:
  S  224.  DEMENTIA  AND ALZHEIMER'S DISEASE PROGRAM DATABASE. 1.  DEFI-
NITIONS. FOR THE PURPOSES OF THIS SECTION, THE TERMS:
  (A) "ELDERLY PERSONS" SHALL MEAN INDIVIDUALS AGED SIXTY YEARS  OF  AGE
OR OLDER.
  (B)  "PROGRAMS"  SHALL  MEAN PROGRAMS, METHODOLOGIES, OR SERVICES THAT
ARE PROVIDED BY A PUBLIC, GOVERNMENTAL, NON-PROFIT, OR FOR-PROFIT AGENCY
TO ELDERLY PERSONS IN THEIR HOME OR IN A COMMUNITY SETTING.
  2. THE OFFICE, IN CONJUNCTION WITH THE  DEPARTMENT  OF  HEALTH,  SHALL
DEVELOP  AND  MAINTAIN A DATABASE OF PROGRAMS THAT HAVE BEEN SHOWN TO BE
SUCCESSFUL IN SUPPORTING AND TREATING  ELDERLY  PERSONS  SUFFERING  FROM
DEMENTIA OR ALZHEIMER'S DISEASE.
  (A)  THE  DIRECTOR,  IN  CONJUNCTION  WITH THE COMMISSIONER OF HEALTH,
SHALL DEVELOP CRITERIA TO DETERMINE IF A  PROGRAM  SHALL  BE  CONSIDERED
SUCCESSFUL AND BE INCLUDED IN THE DATABASE.
  (B)  THE DIRECTOR, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH, MAY
CONSULT WITH PUBLIC, GOVERNMENTAL, NON-PROFIT, AND  FOR-PROFIT  AGENCIES
TO DETERMINE WHICH PROGRAMS ARE CONSIDERED SUCCESSFUL.
  3.  THE DATABASE CREATED PURSUANT TO THIS SECTION SHALL BE MADE AVAIL-
ABLE ON THE OFFICE'S WEBSITE. THE INFORMATION  FROM  THE  DATABASE  THAT
SHALL BE ACCESSIBLE TO THE PUBLIC SHALL INCLUDE BUT NOT BE LIMITED TO:
  (A)  CONTACT  INFORMATION  FOR  THE  PERSON OR ENTITY THROUGH WHOM THE
PROGRAM IS PROVIDED;
  (B) THE NAME OF THE PROGRAM, WHERE APPLICABLE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06110-01-5

A. 5318                             2

  (C) A BRIEF DESCRIPTION OF THE PROGRAM; AND
  (D) THE GEOGRAPHIC AREA IN WHICH THE PROGRAM IS PROVIDED OR OFFERED.
  4.  THE  DATABASE CREATED PURSUANT TO THIS SECTION SHALL BE UPDATED BY
THE OFFICE, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH, AT LEAST  ONCE
ANNUALLY.
  S  2. This act shall take effect one year after it shall have become a
law; provided, however, that the addition, amendment  and/or  repeal  of
any  rule  or regulation necessary for the implementation of this act on
its effective date is authorized and directed to be made  and  completed
on or before such effective date.