S T A T E   O F   N E W   Y O R K
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                                  4500

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to approval of appli-
  cations 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. 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
or will be made to protect  the  health,  safety  and  welfare  of  such
persons  in  the  [residence]  FACILITY. In approving an application for
special needs certification, the department shall develop  standards  to
ensure  adequate staffing and training in order to safely meet the needs
of the resident. The standards shall be based  upon  recommendations  of
the  task  force established by section five of [the] chapter TWO of the
laws of two thousand four [which added  this  section].  No  [residence]
ADULT  CARE  FACILITY  SUBJECT  TO THE INSPECTION AND SUPERVISION OF THE
DEPARTMENT shall market [themselves]  ITSELF  as  providing  specialized
services unless and until the department has approved such applicant for
a special needs assisted living certificate.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08518-01-5
              

A. 4500                             2

  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the  commissioner  of  health
may  adopt,  amend,  suspend  or  repeal  any  regulations or take other
actions necessary to enforce or implement this act prior to and in prep-
aration  for  the  taking  effect  of  this act; provided, however, such
adoption, amendment, suspension or repeal of regulations shall not  have
legal effect until this act takes effect.