Relates to admission to adult care facilities.
BILL NUMBER: S7723
TITLE OF BILL :
An act to amend the public health law, in relation to admissions to adult care facilities
This bill will improve the health, safety and quality of life of New York residents living in adult care facilities.
SUMMARY OF PROVISIONS :
The bill amends Public Health Law (PHL) §§ 4651(13) and(l5) to revise the definitions of "aging in place" and "enhanced assisted living residence" (EALR) to permit the admission of residents to an EALR from outside the residence, as long as such residents are not in need of continual 24 hour nursing or medical care, are not chronically bedfast and are not so cognitively, physically or mentally impaired that their safety would be endangered.
Adult homes, enriched housing programs and residences for adults collectively referred to as adult care facilities _ are important models of care that serve as the homes of thousands of New York State residents. The bill addresses issues concerning adult care facilities that are certified as ALRs, EALRs, and SNALRs under PHL Arricle 46-B. Currently, PHL . 4651 allow ALR residents to move to the EALR level only if they reside in an ALR with EALR certification; individuals cannot be admitted directly to an EALR from any other source. The bill would allow individuals who are appropriate for placement in an EALR to be admitted from other settings, such as the community, other ALRs or other EALRs, but reiterates that a resident requiring 24 hour nursing or medical care may not be admitted to an EALR.
LEGISLATIVE HISTORY :
Drawn from a similar bill (a departmental) that was introduced in 2007 (A.8701/S.5155) but did not pass.
FISCAL IMPLICATIONS :
This bill is not expected to have a fiscal impact on the State
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7723 IN SENATE May 5, 2010 ___________Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the public health law, in relation to admissions to adult care facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 13 and 15 of section 4651 of the public health law, as added by chapter 2 of the laws of 2004, are amended to read as follows: 13. "Aging in place" means, care and services at a facility which possesses an enhanced assisted living certificate which, to the extent practicable, within the scope of services set forth in the written resi- dency agreement executed pursuant to section four thousand six hundred fifty-eight of this article, accommodates a resident's changing needs and preferences in order to allow such resident to BE ADMITTED TO OR remain in the residence as long as the residence is able and authorized to accommodate the resident's current and changing needs. A residence that does not possess an enhanced assisted living certificate shall not be deemed able to accommodate a resident's needs if the resident requires or is in need of either enhanced assisted living or twenty-four hour skilled nursing care or medical care provided by facilities licensed pursuant to article twenty-eight of this chapter or article nineteen, thirty-one or thirty-two of the mental hygiene law. 15. "Enhanced assisted living certificate" means a certificate issued by the department which authorizes an assisted living residence to provide aging in place by EITHER ADMITTING OR retaining residents who desire
[to continue]to age in place and who: (a) are chronically chair- fast and unable to transfer, or chronically require the physical assist- ance of another person to transfer; (b) chronically require the physical assistance of another person in order to walk; (c) chronically require the physical assistance of another person to climb or descend stairs; (d) are dependent on medical equipment and require more than intermit- tent or occasional assistance from medical personnel; or (e) has chronic unmanaged urinary or bowel incontinence. IN NO EVENT SHALL A PERSON BEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15286-04-0 S. 7723 2
ADMITTED TO AN ASSISTED LIVING RESIDENCE WHO IS IN NEED OF CONTINUAL TWENTY-FOUR HOUR NURSING OR MEDICAL CARE, WHO IS CHRONICALLY BEDFAST, OR WHO IS COGNITIVELY, PHYSICALLY OR MEDICALLY IMPAIRED TO SUCH A DEGREE THAT HIS OR HER SAFETY WOULD BE ENDANGERED. S 2. This act shall take effect immediately.