S4412-2011 Actions

• Jan 4, 2012: REFERRED TO SOCIAL SERVICES
• Apr 4, 2011: REFERRED TO SOCIAL SERVICES

S4412-2011 Memo

BILL NUMBER:S4412

TITLE OF BILL:

An act
to amend the social services law, in relation to establishing a fee
schedule for the use, maintenance and repair of air conditioners in
adult homes

SUMMARY OF SPECIFIC PROVISIONS:

This bill amends �461-q of the Social Services Law to authorize and
direct the Commissioner of Health to establish fees for the use,
maintenance and repair of air conditioners used by individual
residents except for those air conditioners paid for through the
EnAble program. That program bars the operator from charging for the
use, repair or maintenance of the units.

JUSTIFICATION:

Most residents in adult homes have very meager allowances for personal
items for their own comfort. In the summer, in very hot, stuffy
rooms, these residents can often fall ill from the heat if they do
not have air conditioning. Many take medications which exacerbate the
effects of the heat, making the need for air conditioning a medical
issue.

The State, with some extra incentives, has encouraged the adult homes
to purchase air conditioners. But some of them have charged residents
exorbitant fees for running the air conditioners even after they get
them. This bill would direct the commissioner of health to set
reasonable fees, taking into consideration the price of electricity,
while preventing such outrageous fees making it impossible for
residents to use the air conditioners.

PRIOR LEGISLATIVE HISTORY:

2009:    S.3801 Social Services Cmte.; Discharged and Committed
to Health Cmte.
2010:    S.3801 Health Cmte.
2007-08: Senate Rules Committee/Passed Assembly

FISCAL IMPLICATIONS:

None to state or local government.

EFFECTIVE DATE:

Immediately.

S4412-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4412
 2011-2012 Regular Sessions
 I N  SENATE
 April 4, 2011
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Social Services
 

AN ACT to amend the social services law, in relation to  establishing  a
 fee  schedule  for the use, maintenance and repair of air conditioners
 in adult homes
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  461-q  of  the  social services law, as added by
 section 46 of part B of chapter 58 of the laws of 2004,  is  amended  to
 read as follows:

 

S  461-q.  Temperature  standards  in  adult  homes,  enriched housing
 programs and residences for adults.  1. The commissioner of health shall
 promulgate rules and regulations with respect to  an  allowable  temper
 ature  in  all  areas  occupied  by residents of an adult home, enriched
 housing program and residence for adults, including any  areas  intended
 for  use by its residents in common including auditoriums, meeting rooms
 and cafeterias.  One common room in such adult  home,  enriched  housing
 program  and  residence  for  adults  shall be required to be air condi
 tioned.
 2. THE COMMISSIONER OF HEALTH IS HEREBY  AUTHORIZED  AND  DIRECTED  TO
 ESTABLISH  A SCHEDULE OF FEES FOR THE USE, MAINTENANCE AND REPAIR OF AIR
 CONDITIONERS USED BY RESIDENTS OF ADULT HOMES, ENRICHED HOUSING PROGRAMS
 AND RESIDENCES FOR ADULTS PROVIDED BY ANY MEANS OTHER THAN  THROUGH  THE
 ENHANCING  ABILITIES AND LIFE EXPERIENCE (ENABLE) PROGRAM.  IN DETERMIN
 ING THE AMOUNT OF SUCH FEES, THE COMMISSIONER OF HEALTH  SHALL  CONSIDER
 THE  VARIABLE  NATURE  OF  THE MARKET PRICE OF ENERGY AND SHALL ANNUALLY
 ADJUST SUCH SCHEDULE OF FEES TO ACCOUNT FOR  SUCH  VARIABILITY  AND  FOR
 INFLATION.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10604-01-1

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!