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.
STATE OF NEW YORK
________________________________________________________________________
1039
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
___________
Introduced by Sens. FUNKE, ORTT -- read twice and ordered printed, and
when printed to be committed to the Committee on Health
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
S. 1039 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.
