Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing, shelters and residences to receive services they could otherwise receive if they resided in a private residence.
TITLE OF BILL: An act to amend the public health law, in relation to establishing the independent senior housing resident freedom of choice act
PURPOSE: To clarify that individuals living in senior housing have the right to access and obtain the same services that they would if they were an individual residing in the community, from the provider of their choosing. These services include personal care, home care, case management, technologies and other community services that support them to live independently in the community.
SUMMARY OF PROVISIONS: Section 1 states that the bill shall be referenced as "The Independent Senior Housing resident Freedom of Choice Act".
Section 2 amends paragraph (j) of subdivision 1 of section 4651 of the public health law to:
1) change the term "facility" to "operator" to be consistent throughout the definition;
2) clarify that any number of residents living in senior housing can obtain personal care or home care services from any licensed or certified home care agency depending on the individual needs of the residents at any given time as they would otherwise obtain if they were living in their own private home;
3) clarify that residents of independent senior housing can obtain personal care or home care services from any licensed or certified home care agency, personal care program, long term home health care program, or managed long term care program of their choosing that provides services in that location;
4) clarify that a licensed or certified home care agency, personal care program, long term home health care program, or managed long term care program under the authority of its own licensure or certificate is able to perform outreach, arrange, or provide home care services to the residents, so that a resident will have a choice from all available home or personal care service providers and access to any services they would otherwise have access to if living in their own private home;
5) clarify that a resident of independent senior housing has the ability to obtain technologies that assist in maintaining independence, as they would if they were living in their own private home; and
6) clarify activities allowed by the housing operator.
Section 4 states the effective date.
JUSTIFICATION: The complexity of state statutes and regulations governing the operation and services provided in congregate settings have caused a lack of clarity with regard to the rights and opportunities of senior citizens and persons with disabilities residing in independent housing to choose and access services from the community. These services are available to such individuals if they reside in their own, private homes.
Such community-based services help seniors, in private homes and independent housing alike, to "age in place" and remain living in the less restrictive, more integrated setting. Residents have rights under, and housing providers must comply with, the Fair Housing Act (FHA), Americans with Disabilities Act (ADA), and the U.S. Supreme Court's Olmstead decision. The ability of seniors and disabled individuals to choose to remain in independent housing and select their own health care and supportive services are critical components of these laws and policies.
Ensuring access to such services is also in furtherance of New York State policy of promoting access to community living and community-based services to maintain the health and quality of life of senior citizens and the disabled as well as to prevent avoidable and costly admission to medical and other institutional-type facilities.
The Independent Senior Housing Resident Freedom of Choice Act would clarify and declare the rights of seniors and persons with disabilities to choose, live and access services in independent housing including personal care, home care, case management, technologies and other community services that support them to live independently in the community.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: The bill may result in cost savings due to seniors remaining in the community rather than transitioning into more expensive settings Undetermined at this time.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4319--A 2011-2012 Regular Sessions IN SENATE March 29, 2011 ___________Introduced by Sens. YOUNG, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Aging -- recom- mitted to the Committee on Aging in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to establishing the independent senior housing resident freedom of choice act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be referred to as the "independent senior housing resident freedom of choice act". S 2. Paragraph (j) of subdivision 1 of section 4651 of the public health law, as added by chapter 2 of the laws of 2004, is amended to read as follows: (j) independent senior housing, shelters or residences for adults. For purposes of this article and for purposes of determining certification pursuant to article seven of the social services law, the department shall by regulation, define independent senior housing, provided such definition shall be based on whether the operator does not provide, arrange for, or coordinate personal care services or home care services on behalf of residents; and the
[facility]OPERATOR does not provide case management services in a congregate care setting for residents. Nothing in this chapter shall preclude [a resident of]: (I) ANY inde- pendent senior housing RESIDENT OR ANY NUMBER OF SUCH RESIDENTS from personally and directly obtaining [private]personal care or home care services from [a]ANY licensed [or certified]home care SERVICES agency, CERTIFIED HOME HEALTH AGENCY, LONG TERM HOME HEALTH CARE PROGRAM, PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY OR OTHER MANAGED LONG TERM CARE PROGRAM; (II) AN AGENCY OR PROGRAM LICENSED OR APPROVED UNDER ARTICLE THIRTY-SIX OR SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER FROMEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10539-03-2 S. 4319--A 2
OFFERING, ARRANGING FOR OR PROVIDING SERVICES TO THE RESIDENTS OF SUCH HOUSING AS SUCH AGENCY IS OTHERWISE AUTHORIZED TO OFFER, ARRANGE FOR OR PROVIDE TO ANY OTHER PERSON OR PERSONS RESIDING IN THEIR OWN HOME OR APARTMENT OR IN THE HOME OF ANY OTHER RESPONSIBLE RELATIVE OR ADULT IN THE COMMUNITY; (III) ANY INDEPENDENT SENIOR HOUSING RESIDENT OR ANY NUMBER OF SUCH RESIDENTS FROM PERSONALLY AND DIRECTLY CHOOSING AND OBTAINING SERVICES FROM AN APPROPRIATELY LICENSED OR APPROVED AGENCY OR PROGRAM OFFERING PERSONAL CARE, HOME CARE OR CASE MANAGEMENT SERVICES, OR FROM OBTAINING, PERSONALLY AND DIRECTLY, TECHNOLOGIES THAT ASSIST IN MAINTAINING INDE- PENDENCE; OR (IV) AN INDEPENDENT SENIOR HOUSING OPERATOR FROM OFFERING ROOM, BOARD, LAUNDRY, HOUSEKEEPING, INFORMATION AND REFERRAL, SECURITY, TRANSPORTA- TION OR CONCIERGE-LIKE SERVICES; ASSISTING TENANTS WITH HOUSING ISSUES; PROVIDING INFORMATION TO TENANTS ABOUT SERVICES AND ACTIVITIES AVAILABLE IN THE COMMUNITY; ASSISTING TENANTS WISHING TO DO SO IN CONNECTING WITH SUCH SERVICES AND ACTIVITIES; PROVIDING ACCESS TO SUCH SERVICES AND ACTIVITIES; AND CONTACTING APPROPRIATE RESPONDERS IN AN EMERGENCY OR OTHER SITUATION INVOLVING ANY TENANTS THAT APPEARS TO WARRANT IMMEDIATE ATTENTION, ASSISTANCE OR INTERVENTION. S 3. This act shall take effect immediately.