S T A T E   O F   N E W   Y O R K
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                                  5149

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

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

AN ACT to amend the social services law and the public  health  law,  in
  relation  to  approval of applications for establishment of adult care
  facilities

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

  Section  1.    Section  461-b of the social services law is amended by
adding a new subdivision 9 to read as follows:
  9. AN INDIVIDUAL OR ENTITY WHICH IS NOT THE APPROVED  OPERATOR  OF  AN
ADULT  HOME,  ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS SHALL NOT
PARTICIPATE IN THE TOTAL GROSS INCOME OR NET REVENUE OF SUCH FACILITY.
  S 2. Section 461-b of the social services law is amended by  adding  a
new subdivision 10 to read as follows:
  10. ANY FEE FOR THE LEASE OF THE REAL PROPERTY ON WHICH AN ADULT HOME,
ENRICHED  HOUSING  PROGRAM OR RESIDENCE FOR ADULTS IS LOCATED AND/OR FOR
THE LEASE OF THE PREMISES OCCUPIED BY SUCH A FACILITY, PROGRAM OR  RESI-
DENCE  SHALL  BE NO GREATER THAN THE COMMERCIALLY REASONABLE FAIR MARKET
VALUE FOR SIMILAR PROPERTIES OR PREMISES IN  THE  GEOGRAPHIC  REGION  IN
WHICH SUCH A FACILITY, PROGRAM OR RESIDENCE IS LOCATED.
  S  3. Subdivision 5 of section 4655 of the public health law, as added
by chapter 2 of the laws of 2004, is amended to read as follows:
  5. In addition to the requirements otherwise required for licensure as
assisted living, any [residence] ADULT  CARE  FACILITY  SUBJECT  TO  THE
INSPECTION  AND SUPERVISION OF THE DEPARTMENT that advertises or markets
itself as serving individuals with special  needs,  including,  but  not
limited  to,  individuals  with  dementia or cognitive impairments, must
submit a special needs plan to the  department  setting  forth  how  the
special  needs of such residents will be safely and appropriately met at
such [residence] FACILITY.  Such plan shall include,  but  need  not  be
limited  to,  a  written  description  of specialized services, staffing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01592-01-3
              

A. 5149                             2

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 in the [residence] FACILITY.   In approving an  application  for
special  needs  certification, the department shall develop standards to
ensure adequate staffing and training in order to safely meet the  needs
of  the  resident.  The standards shall be based upon recommendations of
the task force established by section five of [the] chapter TWO  of  the
laws  of  two  thousand  four [which added this section]. No [residence]
ADULT CARE FACILITY SUBJECT TO THE INSPECTION  AND  SUPERVISION  OF  THE
DEPARTMENT  shall  market  [themselves]  ITSELF as providing specialized
services unless and until the department has approved such applicant for
a special needs assisted living certificate.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law; provided, however, that the commissioner of health
may adopt, amend, suspend  or  repeal  any  regulations  or  take  other
actions necessary to enforce or implement this act prior to and in prep-
aration  for  the  taking  effect  of  this act; provided, however, such
adoption, amendment, suspension or repeal of regulations shall not  have
legal effect until this act takes effect.