S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10274

                          I N  A S S E M B L Y

                              May 17, 2012
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law, in relation to authorizing  adult
  day  care programs to provide certain services at the site of a volun-
  tary  residential  health  care  facility  rightsizing   demonstration
  program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2801-e of the  public  health  law  is  amended  by
adding a new subdivision 8 to read as follows:
  8.    CONSISTENT  WITH  THE  DEVELOPMENT  OF LESS RESTRICTIVE AND LESS
INSTITUTIONAL LONG-TERM CARE SERVICES THROUGH THE VOLUNTARY  RESIDENTIAL
HEALTH  CARE  FACILITY  DEMONSTRATION PROGRAM, THIS SUBDIVISION PROVIDES
ADULT DAY HEALTH CARE PROGRAMS WITH PROGRAMMATIC FLEXIBILITY TO MEET THE
NEEDS OF SENIORS AND THE DISABLED IN THE COMMUNITY WITHIN THE  MANDATORY
MANAGED CARE ENVIRONMENT.  NOTWITHSTANDING ANY PROVISION OF LAW OR REGU-
LATION  TO THE CONTRARY, APPROVED ADULT DAY HEALTH CARE PROGRAMS, AT THE
INITIATIVE OF A PROGRAM AND UPON NOTIFICATION  TO  THE  DEPARTMENT,  MAY
PROVIDE  SERVICES  TO  PERSONS  WITH  HEALTH CARE NEEDS, HEALTH CARE AND
SOCIAL NEEDS OR ONLY SOCIAL NEEDS AT THE SAME TIME AND WITHIN  THE  SAME
LOCATION  UP  TO  ONE  HUNDRED  THIRTY PERCENT OF THE PROGRAM'S APPROVED
CAPACITY. ADULT DAY CARE PROGRAMS MAY PROVIDE AN ENROLLED  INDIVIDUAL  A
SUBSET OF ADULT DAY HEALTH CARE SERVICES REQUIRED UNDER DEPARTMENT REGU-
LATIONS  PURSUANT  TO  A  SERVICE PLAN, PLAN OF CARE OR CARE PLAN AGREED
UPON BY THE ADULT DAY HEALTH CARE PROGRAM AND A MANAGED  CARE  ORGANIZA-
TION  AUTHORIZED  TO  PROVIDE  SERVICES  UNDER  THE  MEDICAL  ASSISTANCE
PROGRAM. FOR THOSE PROGRAMS APPROVED PRIOR TO JANUARY FIRST,  TWO  THOU-
SAND  TWELVE  SPONSORSHIP  MAY  BE TRANSFERRED FROM A RESIDENTIAL HEALTH
CARE FACILITY TO A MANAGED LONG-TERM CARE PLAN UPON NOTIFICATION TO  THE
DEPARTMENT.  NOTHING IN THIS SUBDIVISION SHALL DIMINISH THE DEPARTMENT'S
OVERSIGHT OF ADULT DAY HEALTH PROGRAMS AND THE DEPARTMENT MAY REVOKE THE
AUTHORITY  GRANTED  IN  THIS  SUBDIVISION  PROVIDED  THAT THE DEPARTMENT
OFFERS THE OPPORTUNITY FOR A PUBLIC HEARING AS PROVIDED FOR IN  SUBPARA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15717-02-2
              

A. 10274                            2

GRAPH  (I)  OF  PARAGRAPH (B) OF SUBDIVISION TEN OF SECTION TWENTY-EIGHT
HUNDRED ONE-A OF THIS ARTICLE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law, and  the  department  of  health  is  authorized  and
directed  to promulgate, amend and/or repeal, on an emergency basis, any
rules and regulations necessary to implement the provisions of this act.