Relates to rules and regulations pertaining to the operation of social adult day care programs.
TITLE OF BILL: An act to amend the elder law, in relation to rules and regulations pertaining to the operation of social adult day care programs
PURPOSE OR GENERAL IDEA OF BILL: To ensure that all social adult day programs in the state are subject to the same oversight by the State Office for the Aging (SOFA).
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill would remove the requirement that a social adult day program be the recipient of a grant from SOFA in order to be subject to regulations promulgated therefore.
Section 2 of this bill requires a report regarding the projected costs and benefits of establishing uniform standards and requirements with regards to social adult day programs to be delivered on or before December 31, 2013.
JUSTIFICATION: Currently social adult day programs are regulated by the State Office for the Aging (SOFA) only if they receive a grant through the Office. This means that anyone can start a program and be free from any oversight as long as they never approach the Office for funding. There has been concern across the state that there are abuses taking place in programs that do not operate with sufficient staffing and do not provide adequate services. Families are paying out of pocket for these programs that are not subject to any oversight. This legislation would ensure that all programs must comply with regulations promulgated by SOFA and be overseen as the Office sees fit.
PRIOR LEGISLATIVE HISTORY: This is a New Bill
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This Act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5397 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the elder law, in relation to rules and regulations pertaining to the operation of social adult day care programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of paragraph (a) of subdivision 2 of section 215 of the elder law is amended to read as follows: The director is authorized and directed to promulgate rules and regu- lations, establishing standards and requirements with regard to the operation of all social adult day care programs
[receiving funding pursuant to this article], REGARDLESS OF THE SOURCE OF FUNDING UTILIZED BY SUCH PROGRAMS. Such standards and requirements shall include, but not be limited to: S 2. Subdivision 5 of section 215 of the elder law is amended to read as follows: 5. Report of director. The director, after consultation with his or her advisory committee, affected state agencies, any affected municipal agencies and persons involved in providing social adult day care services, shall make a report, on or before December thirty-first, two thousand [five]THIRTEEN, to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the senate stand- ing committee on aging and the chair of the assembly standing committee on aging on the projected costs and benefits of establishing uniform standards and requirements with regard to operation of social adult day care services in the state. The report shall include the director's findings, recommendations and estimate of the fiscal implications of regulating social adult day care services in the state. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10945-01-3