A05670 Summary:
BILL NO | A05670 |
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SAME AS | SAME AS S05471 |
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SPONSOR | Solages |
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COSPNSR | McDonald |
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MLTSPNSR | |
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Amd §461-c, Soc Serv L | |
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Allows an adult home, enriched housing facility, assisted living residence or special needs assisted living residence to provide for nursing services in the facility that are not continual, either by arrangement with a provider of nursing services or by employment. |
A05670 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A5670 SPONSOR: Solages
  TITLE OF BILL: An act to amend the social services law, in relation to allowing certain adult care facilities to arrange for limited nursing services   PURPOSE: To more easily provide incidental nursing services to residents of certain Health Department licensed and regulated adult care facilities in order to avoid unnecessary transfers to hospitals and nursing homes, under departmental regulations.   SUMMARY: Section 1. Amends section 461-c of the social services law by adding a new subdivision 6-a. Section 2. Sets the effective date.   JUSTIFICATION: When a resident of an adult home, enriched housing, assisted living residence or special needs assisted living residence requires a nursing evaluation, assessment, or incidental nurse care, the facility must either arrange for a visit by a nursing agency or transfer the resident, most often to a hospital and sometimes to a nursing home. This bill allows the Commissioner of Health to make regulations that will permit operators to provide incidental nursing services for the benefit of residents who are otherwise subject to unnecessary transfers. The bill clearly prohibits an operator who chooses to undertake such service from misrepresenting their facilities as Enhanced Assisted Living (EALR) or offering aging in place, unless they are already approved for EALR, as some facilities have multiple levels of care.   RACIAL JUSTICE IMPACT: TBD.   GENDER JUSTICE IMPACT: TBD.   PRIOR LEGISLATIVE HISTORY: 2021-2022: A9575; referred to health. 2017-2018: A2736a; referred to health. 2015-2016: A10384; referred to health.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
A05670 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 5670 2023-2024 Regular Sessions IN ASSEMBLY March 20, 2023 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Health AN ACT to amend the social services law, in relation to allowing certain adult care facilities to arrange for limited nursing services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 461-c of the social services law is amended by 2 adding a new subdivision 6-a to read as follows: 3 6-a. (a) Pursuant to regulations of the commissioner of health, an 4 adult home, enriched housing facility, assisted living residence or 5 special needs assisted living residence operator may provide for nursing 6 services in the facility for residents of the facility, either by 7 arrangement with a provider of nursing services or by employment, that 8 are not continual and would not violate admission and retention stand- 9 ards under this section, and under circumstances and subject to limita- 10 tions provided in the regulations. An operator arranging for nursing 11 services shall provide notice to the department of health in a form and 12 manner required by the department. 13 (b) No operator electing to provide such nursing services may repre- 14 sent to the public that the adult home, enriched housing facility, 15 assisted living residence or special needs assisted living residence is 16 an enhanced assisted living residence or offers aging in place as such 17 terms are defined under section forty-six hundred fifty-one of article 18 forty-six-B of the public health law, except as otherwise permitted by 19 law. 20 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08054-01-3