Exempts the Rudolf Steiner Fellowship Foundation, Inc. from the requirement to acquire an enhanced assisted living certificate if retaining residents requiring continual medical or nursing care.
STATE OF NEW YORK ________________________________________________________________________ 7713--A Cal. No. 490 2011-2012 Regular Sessions IN ASSEMBLY May 16, 2011 ___________Introduced by M. of A. JAFFEE, GOTTFRIED -- read once and referred to the Committee on Health -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend chapter 155 of the laws of 1986, exempting from a certain requirement of the social services law the Rudolf Steiner Fellowship Foundation, Inc. relating to its provision of continuity of care and services in an adult care facility, in relation to exempting such foundation from the requirement to obtain an enhanced assisted living certificate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2 of chapter 155 of the laws of 1986, exempting from a certain requirement of the social services law the Rudolf Steiner Fellowship Foundation, Inc. relating to its provision of continuity of care and services in an adult care facility, subdivision 1 as amended by chapter 527 of the laws of 1996, is amended to read as follows: S 2. Resident care and services. 1. The Rudolf Steiner Fellowship Foundation, Inc., hereafter referred to IN THIS ACT as the fellowship community, is hereby exempt from the following: paragraph c of subdivi- sion two of section four hundred sixty-one-a, subdivision six of section four hundred sixty-one-c, subdivision four of section four hundred sixty-one-d, section four hundred sixty-one-g, section four hundred sixty-one-h, section four hundred sixty-one-k, and section four hundred sixty-one-m of the social services law. The exemption from subdivision six of section four hundred sixty-one-c, regarding the retention of persons in need of continual medical or nursing care which would make them eligible for a skilled nursing facility, will apply providing such persons are in need of neither acute care which would require placement in a hospital, nor supervision which would require placement in facili- ties licensed or operated pursuant to articles nineteen,
[twenty-three,]EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11102-05-1 A. 7713--A 2
twenty-nine and thirty-one of the mental hygiene law and providing that the number of persons retained under this exemption shall not equal or exceed the minimum number for nursing facilities. THE FELLOWSHIP COMMU- NITY IS HEREBY EXEMPT FROM SECTION FORTY-SIX HUNDRED FIFTY-FOUR OF ARTI- CLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW, IN RELATION TO THE REQUIREMENT TO APPLY FOR ENHANCED ASSISTED LIVING CERTIFICATION IF RETAINING PERSONS IN NEED OF CONTINUAL MEDICAL OR NURSING CARE. The fellowship community shall adhere to those department of
[social services]HEALTH rules and regulations relating to the operation of an adult care facility which directly affect the health and safety of resi- dents and all additional regulations which the department of [social services]HEALTH may deem necessary. 2. The fellowship community shall [contract with the New York State- wide Professional Standards Review Council, Inc., or other professional review organization designated or approved pursuant to federal statute]ENGAGE A HEALTH CARE CONSULTING ORGANIZATION DESIGNATED OR APPROVED BY THE DEPARTMENT OF HEALTH FOR PURPOSES OF THIS ACT, to evaluate, once every six months, the quality of care and services being provided to those residents designated by the department of [social services]HEALTH as requiring said evaluation. The [New York Statewide Professional Stan- dards Review Council, Inc., or other approved review]HEALTH CARE CONSULTING organization ENGAGED FOR THIS PURPOSE shall furnish the department of [social services]HEALTH and the fellowship community with a report within fourteen days of an evaluation which specifies the qual- ity of care and services being provided to the designated residents and shall set forth directions as to the manner and time in which deficien- cies shall be corrected. 3. The fellowship community shall institute changes in care and services pursuant to the directions of the [New York Statewide Profes- sional Standards Review Council Inc., or other approved review]APPROVED OR DESIGNATED HEALTH CARE CONSULTING organization. If changes are not undertaken in the manner and time periods specified in such reports and to the satisfaction of the [professional review]APPROVED OR DESIGNATED HEALTH CARE CONSULTING organization, then the designated residents shall be transferred to an appropriate facility as soon as possible. If the [New York Statewide Professional Standards Review Council, Inc., or other approved review]APPROVED OR DESIGNATED HEALTH CARE CONSULTING organization determines that the appropriateness and/or quality of care and services provided to a resident or residents is unsatisfactory, then the resident or residents shall be transferred to an appropriate facili- ty. If the fellowship community fails to institute changes or to transfer residents within the specified time periods the department of [social services]HEALTH may suspend the [exemption]EXEMPTIONS allowed in subdivision one of section two of this act, or may impose any enforce- ment action authorized by section four hundred sixty-d of the social services law. S 2. This act shall take effect immediately.