Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing, shelters and residences to receive services they could otherwise receive if they resided in a private residence.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10243
SPONSOR: Cymbrowitz 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 OR GENERAL IDEA OF BILL:
The purpose of this bill is to clarify that individuals living in inde-
pendent senior housing have the same right to access and obtain services
as any other 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 their
ability to live independently in the community.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would clarify that residents living in independent senior
housing can obtain the same assistive technologies, personal care, and
home care services as they could if they were living in any other
private home. Additionally it would clarify that a licensed or certified
home care agency, personal care program, long term home health care
program, or managed long term care program is able to perform outreach
to residents of independent senior housing as well as arrange for and
provide home care services to such residents. Finally, it would clarify
what services the independent senior housing operator may provide and
includes a conflict of interest provision regarding third party refer-
rals.
JUSTIFICATION:
The complexity of state statutes and regulations has caused confusion
with regard to the rights and opportunities of residents residing in
independent senior housing to choose and access services which would be
available to such individuals if they resided in their own homes.
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 to choose
to remain in independent senior housing and select their own health care
and supportive services are critical components of these laws and poli-
cies. Ensuring access to such services is also in furtherance of New
York State policy of promoting access to community living and communi-
ty-based services that maintain the health and quality of life of senior
citizens and prevent avoidable and costly admission to medical and other
institutional-type facilities.
PRIOR LEGISLATIVE HISTORY:
2011-12: A.7309 Dinowitz - Amend and Recommit to Aging
2013-14: A.590A Dinowitz - Referred to Aging
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
10243
IN ASSEMBLY
May 17, 2016
___________
Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Aging
AN ACT to amend the public health law, in relation to establishing the
independent senior housing resident freedom of choice act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be referred to
2 as the "independent senior housing resident freedom of choice act".
3 § 2. Paragraph (j) of subdivision 1 of section 4651 of the public
4 health law, as added by chapter 2 of the laws of 2004, is amended to
5 read as follows:
6 (j) independent senior housing, shelters or residences for adults. For
7 purposes of this article and for purposes of determining certification
8 pursuant to article seven of the social services law, the department
9 shall by regulation, define independent senior housing, provided such
10 definition shall be based on whether the operator does not provide,
11 arrange for, or coordinate personal care services or home care services
12 on behalf of residents; and the [facility] operator does not provide
13 case management services in a congregate care setting for residents.
14 Nothing in this chapter shall preclude [a resident of]: (i) any inde-
15 pendent senior housing resident or any number of such residents from
16 personally and directly obtaining [private] personal care or home care
17 services from [a] any licensed [or certified] home care services agency,
18 certified home health agency, long term home health care program,
19 programs of all-inclusive care for the elderly or other managed long
20 term care program;
21 (ii) an agency or program licensed or approved under article thirty-
22 six or section forty-four hundred three-f of this chapter from offering,
23 arranging for or providing services to the residents of such housing as
24 such agency is otherwise authorized to offer, arrange for or provide to
25 any other person or persons residing in their own home or apartment or
26 in the home of any other responsible relative or adult in the community;
27 (iii) any independent senior housing resident or any number of such
28 residents from personally and directly choosing and obtaining services
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07563-03-6
A. 10243 2
1 from an appropriately licensed or approved agency or program offering
2 personal care, home care or case management services, or from obtaining,
3 personally and directly, technologies that assist in maintaining inde-
4 pendence; or
5 (iv) an independent senior housing operator from offering room, board,
6 laundry, housekeeping, information and referral, security, transporta-
7 tion or concierge-like services; assisting tenants with housing issues;
8 providing information to tenants about services and activities available
9 in the community; assisting tenants wishing to do so in contacting such
10 services and activities; and contacting appropriate responders in an
11 emergency or other situation involving any tenants that appears to
12 warrant immediate attention, assistance or intervention. No independent
13 senior housing operator or staff of the independent senior housing
14 facility shall take action to limit the options presented to residents
15 for a home care services agency, certified home health agency, long term
16 home health care program, program of all-inclusive care for the elderly,
17 or other managed long term care program except where the resident has
18 provided criteria to limit the options presented. No independent senior
19 housing operator or any staff of the independent senior housing facility
20 shall induce any resident to utilize a home care services agency, certi-
21 fied home health agency, long term home health care program, program of
22 all-inclusive care for the elderly, or other managed long term care
23 program where there is any specific benefit that accrues to the inde-
24 pendent senior housing operator, staff of the independent senior housing
25 facility, or their families for directing residents to any specific
26 provider of services.
27 § 3. This act shall take effect immediately.
