BILL NUMBER:S4124

TITLE OF BILL:  An act to amend the public health law, in relation to
establishing the independent senior housing resident freedom of choice
act

PURPOSE:  To clarify that individuals living in senior housing have
the right to access and obtain the same services that they would if
they were an individual residing in the community, from the provider
of their choosing. These services include personal care, home care,
case management, technologies and other community services that
support them to live independently in the community.

SUMMARY OF PROVISIONS:

Section 1 states that the bill shall be referenced as "The Independent
Senior Housing resident Freedom of Choice Act".

Section 2 lays out the legislative intent behind the bill

Section 3 amends paragraph (j) of subdivision 1 of section 4651 of the
public health law to:

1) change the term "facility" to "operator" to be consistent
throughout the definition;

              

2) clarify that any number of residents living in senior housing can
obtain personal care or home care services from any licensed or
certified home care agency depending on the individual needs of the
residents at any given time as they would otherwise obtain if they
were living in their own private home;

3) clarify that residents of independent senior housing can obtain
personal care or home care services from any licensed or certified
home care agency, personal care program, long term home health care
program, or managed long term care program of their choosing that
provides services in that location;

4) clarify that a licensed or certified home care agency, personal
care program, long term home health care program, or managed long term
care program under the authority of its own licensure or certificate
is able to perform outreach, arrange, or provide home care services to
the residents, so that a resident will have a choice from all
available home or personal care service providers and access to any
services they would otherwise have access to if living in their own
private home;

5) clarify that a resident of independent senior housing has the
ability to obtain technologies that assist in maintaining
independence, as they would if they were living in their own private
home; and

6) clarify activities allowed by the housing operator.

Section 4 states the effective date.


JUSTIFICATION:  The complexity of state statutes and regulations
governing the operation and services provided in congregate settings
have caused a lack of clarity with regard to the rights and
opportunities of senior citizens and persons with disabilities
residing in independent housing to choose and access services from the
community. These services are available to such individuals if they
reside in their own, private homes.

Such community-based services help seniors, in private homes and
independent housing alike, to "age in place" and remain living in the
less restrictive, more integrated setting. Residents have rights
under, and housing providers must comply with, the Fair Housing Act
(FHA), Americans with Disabilities Act (ADA), and the U.S. Supreme
Court's Olmstead decision, The ability of seniors and disabled
individuals to choose to remain in independent housing and select
their own health care and supportive services are critical components
of these laws and policies.

Ensuring access to such services is also in furtherance of New York
State policy of promoting access to community living and
community-based services to maintain the health and quality of life of
senior citizens and the disabled as well as to prevent avoidable and
costly admission to medical and other institutional-type facilities.

The Independent Senior Housing Resident Freedom of Choice Act would
clarify and declare the rights of seniors and persons with
disabilities to choose, live and access services in independent
housing including personal care, home care, case management,
technologies and other community services that support them to live
independently in the community.

LEGISLATIVE HISTORY:  2011,2012: S 4319A Referred to Aging

FISCAL IMPLICATIONS:  The bill may result in cost savings due to
seniors remaining in the community rather than transitioning into more
expensive settings.

Undetermined at this time.

EFFECTIVE DATE:  This act shall take effect immediately.