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A09575 Summary:

BILL NOA09575
 
SAME ASSAME AS S01593
 
SPONSORSolages
 
COSPNSR
 
MLTSPNSR
 
Amd §461-c, Soc Serv L
 
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.
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A09575 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9575
 
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 OR GENERAL IDEA OF BILL: 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 Department regulations.   SUMMARY OF SPECIFIC PROVISIONS: Add a new subdivision 6-a to section 461-c of the social services law that would permit the Commissioner of Health to make regulations regard- ing the provision of limited nursing services to a resident of a DOH licensed and regulated adult home, enriched housing, assisted living residences and special needs assisted living residence, under limited circumstances, with reporting to the Department,   JUSTIFICATION: When a resident of an adult home, enriched housing, assisted living residence or special needs assisted living residence requires a nursing evaluation or 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.   PRIOR LEGISLATIVE HISTORY: 2015-2016: 5.7974 Hannon/Gottfried 2017-2018: S4398A Hannon/Gottfried 2019-2020: S1788/No Same-As   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A09575 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9575
 
                   IN ASSEMBLY
 
                                     March 16, 2022
                                       ___________
 
        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.
                                                                   LBD06510-01-1
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