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S01039 Summary:

BILL NOS01039
 
SAME ASSAME AS A01232
 
SPONSORFUNKE
 
COSPNSRORTT
 
MLTSPNSR
 
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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S01039 Actions:

BILL NOS01039
 
01/06/2017REFERRED TO HEALTH
01/03/2018REFERRED TO HEALTH
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S01039 Text:



 
                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.
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