Relates to increasing the availability of adult day care programs in counties with a population of more than 1,332,650 and less than 1,334,544.
TITLE OF BILL: An act relating to increasing availability of adult day health care programs; and providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: This bill would authorize a demonstration program to evaluate the impact of increasing the size of adult day health programs operating in a high demand area.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Authorizes an increase in the number of authorized slots for an adult day health care program operating in a county of specified size which is unable to accommodate individuals awaiting placement. Such increase could be for no more twenty-four additional slots and would be conditioned on the preparation of an evaluation of the demonstration program's cost savings to state and local governments. If the program does not produce documented cost savings, the Commissioner of Health would be authorized to terminate the program.
Section 2. Effective Date
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This would be a new demonstration program.
JUSTIFICATION: Adult day health care programs were created as an alternative to hospitalization, to enable adults with functional impairments to maintain their health status and remain in the community. However, the success of these programs can sometimes create situations where community demand for services outstrips the number of available slots. State agencies overseeing youth facilities and mental health programs have successfully employed temporary capacity waivers as a cost-effective and practical strategy to address similar situations. This bill would permit evaluation of this potential tool for cost savings for adult day health care programs.
PRIOR LEGISLATIVE HISTORY: 2013: S. 1322 - Referred to Health/A.2419 - Referred to Aging 2012: S.117A-Amend and Recommit to Health/ A.1177A - Amend and Recommit to Aging 2011: S.117 - Discharged from Aging and Committed to Health/A.1177 - Referred to Aging 2009-10: S.3120A Reported and Committed to Finance/A.8844A Referred to Aging 2008: S.8625/A.11578 - Passed both Houses; Veto Memo 151; Tabled
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: The bill will have no negative fiscal effects, since any adults admitted to additional slots will be less likely to consume other, more costly health services. Cost savings under the demonstration program are required to be documented.
EFFECTIVE DATE: Immediately, and to be deemed repealed September 1, 2020; provided that services may continue and be paid for in the event an individual chooses to remain in a program beyond such date.
STATE OF NEW YORK ________________________________________________________________________ 1322--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. DIAZ, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT relating to increasing availability of adult day health care programs; and providing for the repeal of such provisions upon expira- tion thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other provision of law to the contrary, an adult day health care program, established pursuant to 10 NYCRR Part 425, having twenty-four authorized slots, and located in a county with a population of more than one million three hundred thirty-two thousand six hundred fifty and less than one million three hundred thirty-four thousand five hundred forty-four persons based on the two thousand ten federal census, and which at any point in time is unable to accommodate individuals awaiting placement into the adult day health care program, shall be authorized by the commissioner of health to increase the number of adult day health care slots available for a specified period of time as part of a demonstration program by up to twenty-four slots; provided, however, that such program shall otherwise satisfy all other adult day health care program requirements as set forth in 10 NYCRR Part 425. Further, any such adult home that receives authorization to increase the number of adult day health care slots available pursuant to this section shall submit a report annually to the commissioner of health, the gover- nor, the temporary president of the senate and the speaker of the assem- bly, which contains the cost of the program, including the savings to the state and local governments, the number of persons served by the program by county, a description of the demographic and clinical charac-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00401-02-4 S. 1322--A 2
teristics of patients served by the program, and an evaluation of the quality of care provided to persons served by the program. After release of the second report by any such program if the findings of the report do not reflect a cost savings to the state and local governments, the program may be terminated immediately by the commissioner of health. Within thirty days of the termination of a demonstration program, the commissioner of health shall submit a report to the governor, the tempo- rary president of the senate and the speaker of the assembly which outlines the reasons for early termination of such program. S 2. This act shall take effect immediately and shall expire and be deemed repealed September 1, 2020; provided, that any person placed in an adult day health care program pursuant to section one of this act, prior to the repeal of this act shall be authorized to remain in such program and receive the services thereof after the repeal of this act; and provided, further, that state funding for the provision of adult day health care program services authorized by this act shall continue after the repeal of this act for any person to which the provisions of this act shall continue to apply.