Makes provisions relating to the disclosure of special care offered to persons with Alzheimer's disease or dementia; requires any facility that offers, advertises, markets or otherwise promotes itself as providing Alzheimer's and dementia special care must disclose the form of care or treatment provided that distinguishes it as being especially applicable or suitable for persons diagnosed with Alzheimer's, dementia or other disorders; authorizes the commissioner of health to promulgate necessary rules and regulations; provides for a five hundred dollar civil penalty for a violation.
TITLE OF BILL: An act to amend the public health law, in relation to disclosure of special care offered to persons with Alzheimer's disease or dementia
PURPOSE: This bill will require a residential health care facility, an adult day health care program, or n continuing care retirement community, that advertises or markets itself as providing Alzheimer's and dementia special care shall disclose the form of care or treatment provided.
SUMMARY OF PROVISIONS:
Bill1 adds a new Article 20-8 to the Public Health Law (PHL) entitled "Alzheimer's and dementia special care disclosure." PHL § 2010 defines "Alzheimer's and dementia special care" as care or treatment provided to a person diagnosed with Alzheimer's disease, a related disorder or dementia.
"Facility" includes a residential health care facility, an adult day health program, a continuing care retirement community.
PHL § 2011 sets forth requirements for Alzheimer's and dementia special care disclosure. Any facility that advertises or markets itself as providing Alzheimer's and dementia special care must disclose the form of care or treatment provided that distinguishes it as being especially applicable to or suitable for persons diagnosed with Alzheimer's disease, related disorders or dementia. The disclosure shall be made to the appropriate department, any person seeking placement in the facility on behalf of a person diagnosed with Alzheimer's disease, a related disorder or dementia, and the State Long Term Care Ombudsman.
The disclosure must include information which will help prospective consumers determine whether the program is appropriate for the needs of a particular individual, such as the facility's overall philosophy and mission statement, placement and transfer criteria, the process used for assessment and for implementing and updating a plan of care, staffing ratios and training, physical environment, activities, family involvement programs, fees and costs, and safety and security measures provided by the facility. The Commissioner of Health is authorized, after providing equal opportunity for input from consumer and provider representatives to adopt implementing rules.
PHL 2012 provides that an agency shall consider the extent of a facility's compliance with disclosure requirements in considering an application for renewal of a license, certificate or approval. A facility which violates the provisions of this article shall be subject to a civil penalty not to exceed $500, to be assessed after a hearing conducted in the same manner the agency employs to assess other penalties against approved facilities
JUSTIFICATION: Programs which advertise or offer special care for persons with Alzheimer's disease, dementia or related disorders should publicly state what factors make their programs especially appropriate for such people, Those seeking such care deserve reliable information on the philosophy, processes, environment and costs of a special Alzheimer's care program. Laws similar to the provisions of this bill are already on the books in 18 other states, including Florida, Illinois, Missouri, Oregon and Texas. This bill will provide information to help people with Alzheimer's disease and their families to choose the best program for their specific circumstances, It doesn't require any facility to offer specialized care for people diagnosed with Alzheimer's disease or dementia, nor does it require any specific services or methods, What it does require is disclosure, so that the consumer will know what kind of care or treatment the facility can provide. It will also weed out those operations which prey on families by advertising special care for Alzheimer's and dementia without actually providing any substantially different type of care.
LEGISLATIVE HISTORY: S.7387/A.10074 of 1999/2000; Referred to Senate Aging Committee S.4345/A.159 of 2001/2002; Referred to Senate Aging Committee S.506/A.267 of 2003/2004; Ordered to Third Reading in 2004 S.697/A.10163 of 2005/2008; Committed to Rules Committee S.499/A.1451 of 2007/2008; Referred to Senate Health Committee S.1448/A.2592 of 2009/2010; Referred to Senate Health Committee
FISCAL IMPLICATIONS: None.
First day of January after becoming law, provisions of.
STATE OF NEW YORK ________________________________________________________________________ 188 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. MAZIARZ, DeFRANCISCO, FUSCHILLO, GOLDEN, GRIFFO, LITTLE, SALAND, SEWARD, SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to disclosure of special care offered to persons with Alzheimer's disease or dementia THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new article 20-B to read as follows: ARTICLE 20-B ALZHEIMER'S AND DEMENTIA SPECIAL CARE DISCLOSURE SECTION 2010. DEFINITIONS. 2011. ALZHEIMER'S AND DEMENTIA SPECIAL CARE DISCLOSURE. 2012. ENFORCEMENT; CIVIL PENALTIES. S 2010. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "ALZHEIMER'S AND DEMENTIA SPECIAL CARE" MEANS CARE OR TREATMENT PROVIDED TO A PERSON DIAGNOSED WITH ALZHEIMER'S DISEASE, A RELATED DISORDER OR DEMENTIA. 2. "FACILITY" SHALL MEAN A RESIDENTIAL HEALTH CARE FACILITY, AN ADULT DAY HEALTH CARE PROGRAM OR A CONTINUING CARE RETIREMENT COMMUNITY. S 2011. ALZHEIMER'S AND DEMENTIA SPECIAL CARE DISCLOSURE. 1. ANY FACILITY THAT ADVERTISES OR MARKETS ITSELF AS PROVIDING ALZHEIMER'S AND DEMENTIA SPECIAL CARE SHALL DISCLOSE THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY APPLICABLE TO OR SUITABLE FOR PERSONS DIAGNOSED WITH ALZHEIMER'S DISEASE, RELATED DISOR- DERS OR DEMENTIA. 2. THE DISCLOSURE SHALL BE MADE TO: (A) THE DEPARTMENT; (B) ANY PERSON SEEKING PLACEMENT IN A FACILITY ON BEHALF OF A PERSON DIAGNOSED WITH ALZHEIMER'S DISEASE, A RELATED DISORDER OR DEMENTIA; AND (C) THE STATE LONG TERM CARE OMBUDSMAN.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01309-01-1 S. 188 2
3. THE DISCLOSURE REQUIRED IN SUBDIVISION ONE OF THIS SECTION SHALL BE IN WRITING AND SHALL INCLUDE AT A MINIMUM: (A) A STATEMENT OF THE FACILITY'S OVERALL PHILOSOPHY AND MISSION AS IT RELATES TO THE NEEDS OF PERSONS DIAGNOSED WITH ALZHEIMER'S DISEASE, RELATED DISORDERS OR DEMENTIA; (B) THE PROCESS AND CRITERIA USED TO DETERMINE PLACEMENT IN AND TRANS- FER OR DISCHARGE FROM ALZHEIMER'S AND DEMENTIA SPECIAL CARE; (C) THE PROCESS USED FOR ASSESSMENT, ESTABLISHMENT AND IMPLEMENTATION OF A PLAN OF CARE, INCLUDING THE METHODS BY WHICH THE PLAN OF CARE EVOLVES AND REMAINS RESPONSIVE TO CHANGES IN CONDITION; (D) STAFF-TO-RESIDENT RATIOS, STAFF TRAINING AND CONTINUING EDUCATION PRACTICES; (E) THE PHYSICAL ENVIRONMENT AND DESIGN FEATURES APPROPRIATE TO SUPPORT THE FUNCTIONING OF COGNITIVELY IMPAIRED ADULTS; (F) THE TYPES AND FREQUENCIES OF ACTIVITIES PROVIDED BY THE FACILITY; (G) A DESCRIPTION OF FAMILY INVOLVEMENT PROGRAMS AND THE AVAILABILITY OF FAMILY SUPPORT PROGRAMS; (H) THE COSTS OF CARE AND ANY ADDITIONAL FEES WHICH MAY BE CHARGED; AND (I) A DESCRIPTION OF SAFETY AND SECURITY MEASURES PROVIDED BY THE FACILITY. 4. THE COMMISSIONER, WITH EQUAL OPPORTUNITY FOR INPUT FROM CONSUMER AND PROVIDER REPRESENTATIVES, SHALL PROMULGATE RULES IMPLEMENTING THE PROVISIONS OF THIS SECTION. S 2012. ENFORCEMENT; CIVIL PENALTIES. 1. AN AGENCY SHALL CONSIDER THE EXTENT OF A FACILITY'S COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE IN CONSIDERING AN APPLICATION FOR RENEWAL OF A LICENSE, CERTIFICATE OR APPROVAL. 2. ANY FACILITY WHICH VIOLATES THE PROVISIONS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS. SUCH PENALTY MAY BE ASSESSED AFTER A HEARING CONDUCTED IN THE MANNER IN WHICH THE AGENCY ASSESSES OTHER PENALTIES AGAINST LICENSED, CERTIFIED OR APPROVED FACILITIES. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law, provided that the department of health is immediately authorized and directed to take such actions as are necessary to implement this act, including the promulga- tion of rules in accordance with the state administrative procedure act, on or before its effective date.