NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10459A
SPONSOR: Lupardo (MS)
TITLE OF BILL: An act to amend the social services law and the public
health law, in relation to authorizing residents of assisted living
programs to receive hospice services
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to allow residents of an assisted
living facility who are receiving Medicaid to be able to access hospice
services while remaining in their assisted living facility. Current
Medicaid policy prevents terminally ill Assisted Living Program resi-
dents from accessing hospice services, forcing many residents to trans-
fer to a nursing home to receive hospice care.
SUMMARY OF PROVISIONS:
Section 1: Paragraph (d) of subdivision 2 of section 461-1 of the social
services law is amended by adding a new subparagraph (iv).
Section 2: Section 4012 of the Public Health law is amended by adding a
new subdivision 6.
Section 3: Effective date.
The current Medicaid policy prevents terminally ill residents of an
assisted living facility from accessing hospice services. As a result,
many residents are forced to leave their home in the assisted living
facility and transfer to a nursing home in their last few weeks of life.
This end of life transfer from an assisted living facility during this
difficult time creates additional burdens not only on the patient, but
also on their family. As a result, not only must all parties involved
cope with the terminal illness, but also now they must acclimate to new
If assisted living residents receiving Medicaid were permitted to
receive hospice services they would be able to remain in the Assisted
Living Facility at the end of life. It is estimated that by allowing
ALP's residents to access hospice services the Medicaid program would
avoid costly nursing home stays and save an estimated $1.3 million.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
It is estimated that by allowing ALP's patients access to hospice
services the Medicaid program would save an estimated $1.3 million.
This act shall take effect immediately.
STATE OF NEW YORK
April 23, 2018
Introduced by M. of A. LUPARDO, ARROYO, HYNDMAN, WALSH, ERRIGO, MURRAY,
BRAUNSTEIN, HEVESI -- Multi-Sponsored by -- M. of A. ABBATE, BARRON,
DICKENS, JONES, MAGEE, McDONALD, RIVERA, TAYLOR -- read once and
referred to the Committee on Health -- recommitted to the Committee on
Health in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the social services law and the public health law, in
relation to authorizing residents of assisted living programs to
receive hospice services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 2 of section 461-l of the
2 social services law is amended by adding a new subparagraph (iv) to read
3 as follows:
4 (iv) Eligible persons receiving assisted living program services shall
5 be permitted to access and receive hospice services from a provider
6 under article forty of the public health law while continuing to remain
7 in the assisted living program.
8 § 2. Section 4012 of the public health law is amended by adding a new
9 subdivision 6 to read as follows:
10 6. Hospice services for residents of assisted living programs under
11 section four hundred sixty-one-1 of the social services law; the commis-
12 sioner may through regulation modify the scope of personal care services
13 to prevent duplication of personal care services provided by hospice and
14 the assisted living program.
15 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.