S T A T E   O F   N E W   Y O R K
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                                   795

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M. of A. GUNTHER, SCHIMEL, COOK, KOLB -- Multi-Sponsored
  by -- M. of A. BARCLAY -- read once and referred to the  Committee  on
  Health

AN  ACT to amend the public health law, in relation to authorizing adult
  day care programs to provide certain services at the site of a  volun-
  tary   residential  health  care  facility  rightsizing  demonstration
  program

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

  Section  1.  Section  2801-e  of  the  public health law is amended by
adding a new subdivision 8 to read as follows:
  8.   CONSISTENT WITH THE DEVELOPMENT  OF  LESS  RESTRICTIVE  AND  LESS
INSTITUTIONAL  LONG-TERM CARE SERVICES THROUGH THE VOLUNTARY RESIDENTIAL
HEALTH CARE FACILITY DEMONSTRATION PROGRAM,  THIS  SUBDIVISION  PROVIDES
ADULT DAY HEALTH CARE PROGRAMS WITH PROGRAMMATIC FLEXIBILITY TO MEET THE
NEEDS  OF SENIORS AND THE DISABLED IN THE COMMUNITY WITHIN THE MANDATORY
MANAGED CARE ENVIRONMENT.  NOTWITHSTANDING ANY PROVISION OF LAW OR REGU-
LATION TO THE CONTRARY, APPROVED ADULT DAY HEALTH CARE PROGRAMS, AT  THE
INITIATIVE  OF  A  PROGRAM  AND UPON NOTIFICATION TO THE DEPARTMENT, MAY
PROVIDE SERVICES TO PERSONS WITH HEALTH  CARE  NEEDS,  HEALTH  CARE  AND
SOCIAL  NEEDS  OR ONLY SOCIAL NEEDS AT THE SAME TIME AND WITHIN THE SAME
LOCATION UP TO ONE HUNDRED THIRTY  PERCENT  OF  THE  PROGRAM'S  APPROVED
CAPACITY.  ADULT  DAY CARE PROGRAMS MAY PROVIDE AN ENROLLED INDIVIDUAL A
SUBSET OF ADULT DAY HEALTH CARE SERVICES REQUIRED UNDER DEPARTMENT REGU-
LATIONS PURSUANT TO A SERVICE PLAN, PLAN OF CARE  OR  CARE  PLAN  AGREED
UPON  BY  THE ADULT DAY HEALTH CARE PROGRAM AND A MANAGED CARE ORGANIZA-
TION  AUTHORIZED  TO  PROVIDE  SERVICES  UNDER  THE  MEDICAL  ASSISTANCE
PROGRAM.    NOTHING  IN THIS SUBDIVISION SHALL DIMINISH THE DEPARTMENT'S
OVERSIGHT OF ADULT DAY HEALTH PROGRAMS AND THE DEPARTMENT MAY REVOKE THE
AUTHORITY GRANTED IN  THIS  SUBDIVISION  PROVIDED  THAT  THE  DEPARTMENT
OFFERS  THE OPPORTUNITY FOR A PUBLIC HEARING AS PROVIDED FOR IN SUBPARA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01657-01-5
              

A. 795                              2

GRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TEN  OF  SECTION  TWENTY-EIGHT
HUNDRED ONE-A OF THIS ARTICLE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law, and  the  department  of  health  is  authorized  and
directed  to promulgate, amend and/or repeal, on an emergency basis, any
rules and regulations necessary to implement the provisions of this act.