STATE OF NEW YORK
________________________________________________________________________
9130
IN ASSEMBLY
January 29, 2016
___________
Introduced by M. of A. CYMBROWITZ, GOTTFRIED, CRESPO, MONTESANO, JAFFEE,
FINCH, STECK, GALEF, GUNTHER, TITUS, LINARES, RAIA, BARRETT,
SEAWRIGHT, BARRON, HARRIS -- Multi-Sponsored by -- M. of A. ARROYO,
BRENNAN, COOK, DUPREY, GLICK, MAGEE, PERRY, RIVERA, WRIGHT -- read
once and referred to the Committee on Aging
AN ACT to amend the elder law, in relation to rules and regulations
pertaining to the operation of social adult day care programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of paragraph (a) of subdivision 2 of
2 section 215 of the elder law is amended to read as follows:
3 The director is authorized and directed to promulgate rules and regu-
4 lations, establishing standards and requirements with regard to the
5 operation of all social adult day care programs [receiving funding
6 pursuant to this article], regardless of the source of funding utilized
7 by such programs, whether public or private. For a program subject to
8 oversight by the office pursuant to this section and any other state
9 agency, where there is duplication in the rules and regulations promul-
10 gated by such agencies, the rules and regulations of the other state
11 agency shall take precedence. The director shall establish a method by
12 which a program affected by such duplication of rules and regulations
13 shall notify the office of such duplication. Such standards and require-
14 ments shall include, but not be limited to:
15 § 2. Subdivision 5 of section 215 of the elder law is amended to read
16 as follows:
17 5. Report of director. The director, after consultation with his or
18 her advisory committee, affected state agencies, any affected municipal
19 agencies and persons involved in providing social adult day care
20 services, shall make a report, on or before December thirty-first, two
21 thousand [five] sixteen, to the governor, the temporary president of the
22 senate, the speaker of the assembly, the chair of the senate standing
23 committee on aging and the chair of the assembly standing committee on
24 aging on the projected costs and benefits of establishing uniform stand-
25 ards and requirements with regard to operation of social adult day care
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13559-01-6
A. 9130 2
1 services in the state. The report shall include the director's findings,
2 recommendations and estimate of the fiscal implications of regulating
3 social adult day care services in the state.
4 § 3. Paragraphs (b) and (e) of subdivision 1 of section 215 of the
5 elder law are amended to read as follows:
6 (b) "Social adult day services" shall mean a program providing a vari-
7 ety of long term care services to a group of individuals, possessing
8 functional impairments, whether due to physical or cognitive impair-
9 ments, in a congregate setting and pursuant to an individualized plan of
10 care. A person or program shall be prohibited from holding themselves
11 out as providing social adult day services unless they meet the require-
12 ments of this paragraph.
13 (e) "Social adult day care" shall mean a program providing a variety
14 of comprehensive services to functionally impaired elderly persons as
15 defined in regulations established by the director. A person or program
16 shall be prohibited from holding themselves out as providing social
17 adult day care unless they meet the requirements of this paragraph.
18 § 4. This act shall take effect immediately.
