NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10244
SPONSOR: Rules (Paulin) TITLE OF BILL:
An act to amend the social services law, in relation to medical evalu-
ations for assisted living eligibility
PURPOSE:
To allow assisted living program (ALP) medical evaluations to be signed
by a physician, physician assistant or nurse practitioner.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 2 of section 461-1 of the social services
law to allow medical evaluations, used to assess whether the program can
appropriately care for an individual, to be signed by either a physi-
cian, physician assistant or a nurse practitioner.
Section 2 sets forth the effective date.
JUSTIFICATION:
Currently, medical evaluations used to determine if an individual's
health and safety needs can be met in an adult care facility - including
assisted living residences, adult homes, and enriched housing programs -
can be signed by either a physician, a physician assistant or a nurse
practitioner, with the exception of the Medicaid funded ALP.
The ALP serves individuals who are medically eligible for nursing home
care in a less intensive setting. Services include room and board,
personal care, supervision, housekeeping, nursing, physical therapy,
occupational therapy, speech therapy, adult day health care, among
others. Before an operator admits an individual to an ALP, they need to
assess that the program can properly meet the needs of the resident,
which is done through a medical evaluation. While not a requirement in
other types of adult care facilities serving seniors with similar needs
and characteristics, the Department of Health continues to mandate
physician signature in order for the ALP medical evaluation form to be
considered "complete."
Adult care facilities, including those participating in the ALP, do not
employ physicians so it can be very difficult to find doctors to
complete and sign these forms in a timely manner, especially given the
existing health care workforce shortage. This burdensome requirement
effectively delays services for low income, vulnerable seniors who need
ALP services, and increases costs for providers.
Expanding the types of health care professionals who can sign these
evaluations is a commonsense measure that would go a long way in facili-
tating and expediting access to care and in lowering costs for New York
State seniors and the facilities that serve them.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
10244
IN ASSEMBLY
May 15, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
read once and referred to the Committee on Health
AN ACT to amend the social services law, in relation to medical evalu-
ations for assisted living eligibility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 461-l of the social services law
2 is amended by adding a new paragraph (e) to read as follows:
3 (e) Medical evaluations. Medical evaluations used to determine that
4 the assisted living program can support the physical, supervisory and
5 psycho-social needs of a resident must be conducted within thirty days
6 prior to the date of admission and signed by either a physician, physi-
7 cian assistant or nurse practitioner.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15523-01-4
