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A01232 Summary:

BILL NOA01232
 
SAME ASSAME AS S01039
 
SPONSOREnglebright
 
COSPNSR
 
MLTSPNSRGunther
 
Add Art 20-B 2010 - 2012, Pub Health L
 
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.
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A01232 Actions:

BILL NOA01232
 
01/11/2017referred to aging
01/03/2018referred to aging
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A01232 Memo:

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.
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A01232 Text:



 
                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.
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