Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 15, 2010 |
referred to health |
Assembly Bill A9552
2009-2010 Legislative Session
Sponsored By
GOTTFRIED
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Jeffrey Dinowitz
2009-A9552 (ACTIVE) - Details
2009-A9552 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9552 TITLE OF BILL: An act to amend the social services law and the public health law, in relation to approval of applications for establishment of adult care facilities PURPOSE OR GENERAL IDEA OF BILL: This bill will improve the health, safety and quality of life of New York residents living in adult care facilities. SUMMARY OF SPECIFIC PROVISIONS: The bill adds new SSL § 461-b(9) to provide that an individual or entity which is not the duly approved operator of an adult home, enriched housing program or residence for adults shall not participate in the total gross income or net revenue of such adult care facility. Section 2 of the bill adds a new SSL § 461-b(10) to require that any fee for the lease of the real property on which an adult home, enriched housing program or residence for adults is located, and/or any fee for the lease of the premises in which such facility is located, shall be no greater than the commercially reasonable fair market value for similar properties or premises in the geographic region where the facility is located. Section 3 of the bill amends PHL § 4655(5) to clarify that the section specifically applies to adult care facilities rather than to
2009-A9552 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9552 I N A S S E M B L Y January 15, 2010 ___________ Introduced by M. of A. GOTTFRIED, DINOWITZ -- read once and referred to the Committee on Health AN ACT to amend the social services law and the public health law, in relation to approval of applications for establishment of adult care facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 461-b of the social services law is amended by adding a new subdivision 9 to read as follows: 9. AN INDIVIDUAL OR ENTITY WHICH IS NOT THE APPROVED OPERATOR OF AN ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS SHALL NOT PARTICIPATE IN THE TOTAL GROSS INCOME OR NET REVENUE OF SUCH FACILITY. S 2. Section 461-b of the social services law is amended by adding a new subdivision 10 to read as follows: 10. ANY FEE FOR THE LEASE OF THE REAL PROPERTY ON WHICH AN ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS IS LOCATED AND/OR FOR THE LEASE OF THE PREMISES OCCUPIED BY SUCH A FACILITY, PROGRAM OR RESI- DENCE SHALL BE NO GREATER THAN THE COMMERCIALLY REASONABLE FAIR MARKET VALUE FOR SIMILAR PROPERTIES OR PREMISES IN THE GEOGRAPHIC REGION IN WHICH SUCH A FACILITY, PROGRAM OR RESIDENCE IS LOCATED. S 3. Subdivision 5 of section 4655 of the public health law, as added by chapter 2 of the laws of 2004, is amended to read as follows: 5. In addition to the requirements otherwise required for licensure as assisted living, any [residence] ADULT CARE FACILITY SUBJECT TO THE INSPECTION AND SUPERVISION OF THE DEPARTMENT that advertises or markets itself as serving individuals with special needs, including, but not limited to, individuals with dementia or cognitive impairments, must submit a special needs plan to the department setting forth how the special needs of such residents will be safely and appropriately met at such [residence] FACILITY. Such plan shall include, but need not be limited to, a written description of specialized services, staffing levels, staff education and training, work experience, professional affiliations or special characteristics relevant to serving persons with special needs, and any environmental modifications that have been made EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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