Makes provisions relating to the disclosure of special care offered to persons with Alzheimer's disease or dementia; requires any facility that offers, advertises, markets or otherwise promotes itself as providing Alzheimer's and dementia special care must disclose the form of care or treatment provided that distinguishes it as being especially applicable or suitable for persons diagnosed with Alzheimer's, dementia or other disorders; authorizes the commissioner of health to promulgate necessary rules and regulations; provides for a five hundred dollar civil penalty for a violation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1232
SPONSOR: Englebright (MS)
 
TITLE OF BILL: An act to amend the public health law, in relation to
disclosure of special care offered to persons with Alzheimer's disease
or dementia
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill will require a residential health care facility, an adult day
health care program, or a continuing care retirement community, that
advertises or markets itself as providing Alzheimer's and dementia
special care shall disclose the form of care or treatment provided.
 
SUMMARY OF SPECIFIC PROVISIONS:
Bill § 1 adds a new Article 20-B to the Public Health Law (PHL) entitled
"Alzheimer's and dementia special care disclosure." PHL § 2010 defines
"Alzheimer's and dementia special care" as care or treatment provided to
a person diagnosed with Alzheimer's disease, a related disorder or
dementia.
"Facility" includes a residential health care facility, an adult day
health program, a continuing care retirement community.
PHL § 2011 sets forth requirements for Alzheimer's and dementia special
care disclosure. Any facility that advertises or markets itself as
providing Alzheimer's and dementia special care must disclose the form
of care or treatment provided that distinguishes it as being especially
applicable to or suitable for persons diagnosed with Alzheimer's
disease, related disorders or dementia. The disclosure shall be made to
the appropriate department, any person seeking placement in the facility
on behalf of a person diagnosed with Alzheimer's disease, a related
disorder or dementia, and the State Long Term Care Ombudsman.
The disclosure must include information which will help prospective
consumers determine whether the program is appropriate for the needs of
a particular individual, such as the facility's overall philosophy and
mission statement, placement and transfer criteria, the process used for
assessment and for implementing and updating a plan of care, staffing
ratios and training, physical environment, activities, family involve-
ment programs, fees and costs, and safety and security measures provided
by the facility. The Commissioner of Health is authorized, after provid-
ing equal opportunity for input from consumer and provider represen-
tatives, to adopt implementing rules.
PHL § 2012 provides that an agency shall consider the extent of a facil-
ity's compliance with disclosure requirements in considering an applica-
tion for renewal of a license, certificate or approval. A facility which
violates the provisions of this article shall be subject to a civil
penalty not to exceed $500, to be assessed after a hearing conducted in
the same manner the agency employs to assess other penalties against
approved facilities.
 
JUSTIFICATION:
Programs which advertise or offer special care for persons with
Alzheimer's disease, dementia or related disorders should publicly state
what factors make their programs especially appropriate for such people.
Those seeking such care deserve reliable information on the philosophy,
processes, environment and costs of a special Alzheimer's care program.
Laws similar to the provisions of this bill are already on the books in
18 other states, including Florida, Illinois, Missouri, Oregon and
Texas.
This bill will provide information to help people with Alzheimer's
disease and their families to choose the best program for their specific
circumstances. It doesn't require any facility to offer specialized care
for people diagnosed with Alzheimer's disease or dementia, nor does it
require any specific services or methods. What it does require is
disclosure, so that the consumer will know what kind of care or treat-
ment the facility can provide. It will also weed out those operations
which prey on families by advertising special care for Alzheimer's and
dementia without actually providing any substantially different type of
care.
 
PRIOR LEGISLATIVE HISTORY:
2005-06 A.10163 referred to aging
2007-08 A.1451 referred to aging
2009-10 A.2592 referred to aging
2011-12 A.3883 referred to aging
2013-14 A.3478 referred to aging
2015-16 A.2396 referred to aging
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect the first day of January after becoming law.
STATE OF NEW YORK
________________________________________________________________________
1232
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
___________
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
GUNTHER -- read once and referred to the Committee on Aging
AN ACT to amend the public health law, in relation to disclosure of
special care offered to persons with Alzheimer's disease or dementia
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new article
2 20-B to read as follows:
3 ARTICLE 20-B
4 ALZHEIMER'S AND DEMENTIA SPECIAL CARE DISCLOSURE
5 Section 2010. Definitions.
6 2011. Alzheimer's and dementia special care disclosure.
7 2012. Enforcement; civil penalties.
8 § 2010. Definitions. As used in this article:
9 1. "Alzheimer's and dementia special care" means care or treatment
10 provided to a person diagnosed with Alzheimer's disease, a related
11 disorder or dementia.
12 2. "Facility" shall mean a residential health care facility, an adult
13 day health care program or a continuing care retirement community.
14 § 2011. Alzheimer's and dementia special care disclosure. 1. Any
15 facility that advertises or markets itself as providing Alzheimer's and
16 dementia special care shall disclose the form of care or treatment
17 provided that distinguishes it as being especially applicable to or
18 suitable for persons diagnosed with Alzheimer's disease, related disor-
19 ders or dementia.
20 2. The disclosure shall be made to:
21 (a) the department;
22 (b) any person seeking placement in a facility on behalf of a person
23 diagnosed with Alzheimer's disease, a related disorder or dementia; and
24 (c) the state long term care ombudsman.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03329-01-7
A. 1232 2
1 3. The disclosure required in subdivision one of this section shall be
2 in writing and shall include at a minimum:
3 (a) a statement of the facility's overall philosophy and mission as it
4 relates to the needs of persons diagnosed with Alzheimer's disease,
5 related disorders or dementia;
6 (b) the process and criteria used to determine placement in and trans-
7 fer or discharge from Alzheimer's and dementia special care;
8 (c) the process used for assessment, establishment and implementation
9 of a plan of care, including the methods by which the plan of care
10 evolves and remains responsive to changes in condition;
11 (d) staff-to-resident ratios, staff training and continuing education
12 practices;
13 (e) the physical environment and design features appropriate to
14 support the functioning of cognitively impaired adults;
15 (f) the types and frequencies of activities provided by the facility;
16 (g) a description of family involvement programs and the availability
17 of family support programs;
18 (h) the costs of care and any additional fees which may be charged;
19 and
20 (i) a description of safety and security measures provided by the
21 facility.
22 4. The commissioner, with equal opportunity for input from consumer
23 and provider representatives, shall promulgate rules implementing the
24 provisions of this section.
25 § 2012. Enforcement; civil penalties. 1. An agency shall consider the
26 extent of a facility's compliance with the provisions of this article in
27 considering an application for renewal of a license, certificate or
28 approval.
29 2. Any facility which violates the provisions of this article shall be
30 subject to a civil penalty not to exceed five hundred dollars. Such
31 penalty may be assessed after a hearing conducted in the manner in which
32 the agency assesses other penalties against licensed, certified or
33 approved facilities.
34 § 2. This act shall take effect on the first of January next succeed-
35 ing the date on which it shall have become a law, provided that the
36 department of health is immediately authorized and directed to take such
37 actions as are necessary to implement this act, including the promulga-
38 tion of rules in accordance with the state administrative procedure act,
39 on or before its effective date.