NY State Assembly Bill 2009-A8844

Assembly Bill A8844

2009-2010 Legislative Session

Relates to increasing the availability of adult day health care programs in certain counties

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2010	print number 8844a
Feb 08, 2010	amend and recommit to aging
Jan 06, 2010	referred to aging
Jun 11, 2009	referred to aging

Bill Amendments

Original

A (Active)

2009-A8844 - Details

Current Committee:: Assembly Aging
Law Section:: Health
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1177
2013-2014: A2419
2015-2016: A6597

2009-A8844 - Summary

Relates to increasing the availability of adult day care programs in counties with a population of 1,332,650 and less than 1,334,544.

2009-A8844 - Sponsor Memo

                                BILL NUMBER:A8844

TITLE OF BILL:

An act relating to increasing availability of adult day health care
programs; and providing for the repeal of such provisions upon expira-
tion thereof

PURPOSE OR GENERAL IDEA OF BILL:

This bill would authorize a demonstration program to evaluate the impact
of increasing the size of adult day health programs operating in a high
demand area.

SUMMARY OF SPECIFIC PROVISIONS:

Bill § 1 authorizes an increase in the number of authorized slots for an
adult day health care program operating in a county of specified size
which is unable to accommodate individuals awaiting placement.  Such
increase could be for no more 24 additional slots and would be condi-
tioned on the preparation of an evaluation of the demonstration
program's cost savings to state and local governments. If the program
does not produce documented cost savings, the Commissioner of Health
would be authorized to terminate the program.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This would be a new demonstration program.

JUSTIFICATION:

Adult day health care programs were created as an alternative to hospi-
talization, to enable adults with functional impairments to maintain
their health status and remain in the community. However, the success of
these programs can sometimes create situations where community demand
for services outstrips the number of available slots. State agencies
overseeing youth facilities and mental health programs have successfully
employed temporary capacity waivers as a cost-effective and practical
strategy to address similar situations. This bill would permit evalu-
ation of this potential tool for cost savings for adult day health care
programs.

PRIOR LEGISLATIVE HISTORY:

S.8625 2007-08 Veto Memo 151

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The bill will have no negative fiscal effects, since any adults admitted
to additional slots will be less likely to consume other, more costly

health services. Cost savings under the demonstration program are
required to be documented.

EFFECTIVE DATE:

Immediately, and to be deemed repealed September 1, 2014; provided that
services may continue and be paid for in the event an individual chooses
to remain in a program beyond such date.

2009-A8844 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8844

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2009
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Aging

AN  ACT  relating  to  increasing  availability of adult day health care
  programs; and providing for the repeal of such provisions upon expira-
  tion thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any other provision of law to the contrary,
an  adult day health care program, established pursuant to 10 NYCRR Part
425, having twenty-four authorized slots, and located in a county with a
population of more than one million three  hundred  thirty-two  thousand
six  hundred  fifty  and less than one million three hundred thirty-four
thousand five hundred forty-four  persons  based  on  the  two  thousand
federal  census, and which at any point in time is unable to accommodate
individuals awaiting placement into the adult day health  care  program,
shall be authorized by the commissioner of health to increase the number
of  adult day health care slots available for a specified period of time
as part of a demonstration program by up to twenty-four slots; provided,
however, that such program shall otherwise satisfy all other  adult  day
health  care  program  requirements  as  set forth in 10 NYCRR Part 425.
Further, any such adult home that receives authorization to increase the
number of adult day health care slots available pursuant to this section
shall submit a report annually to the commissioner of health, the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly, which contains the cost of the program, including  the  savings  to
the  state  and  local  governments, the number of persons served by the
program by county, a description of the demographic and clinical charac-
teristics of patients served by the program, and an  evaluation  of  the
quality  of  care  provided  to  persons  served by the program.   After
release of the second report by any such program if the findings of  the
report do not reflect a cost savings to the state and local governments,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04696-01-9

A. 8844                             2

the program may be terminated immediately by the commissioner of health.
Within  thirty  days  of the termination of a demonstration program, the
commissioner of health shall submit a report to the governor, the tempo-
rary  president  of  the  senate  and  the speaker of the assembly which
outlines the reasons for early termination of such program.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed  repealed  September 1, 2014; provided, that any person placed in
an adult day health care program pursuant to section one  of  this  act,
prior  to  the  repeal of this act shall be authorized to remain in such
program and receive the services thereof after the repeal of  this  act;
and provided, further, that state funding for the provision of adult day
health care program services authorized by this act shall continue after
the  repeal  of  this act for any person to which the provisions of this
act shall continue to apply.

2009-A8844A (ACTIVE) - Details

Current Committee:: Assembly Aging
Law Section:: Health
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1177
2013-2014: A2419
2015-2016: A6597

2009-A8844A (ACTIVE) - Summary

Relates to increasing the availability of adult day care programs in counties with a population of 1,332,650 and less than 1,334,544.

2009-A8844A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8844A

TITLE OF BILL:
An act
relating to increasing availability of adult day health care programs;
and providing for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize a demonstration program to evaluate the
impact of increasing the size of adult day health programs operating
in a high demand area.

SUMMARY OF SPECIFIC PROVISIONS:
Bill § 1. authorizes an increase in the number of authorized slots for
an adult day health care program operating in a county of specified
size which is unable to accommodate individuals awaiting placement.
Such increase could be for no more 24 additional slots and would be
conditioned on the preparation of an evaluation of the demonstration
program's cost savings to state and local governments. If the program
does not produce documented cost savings, the Commissioner of Health
would be authorized to terminate the program.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This would be a new demonstration program.

JUSTIFICATION:

Adult day health care programs were created as an alternative to
hospitalization, to enable adults with functional impairments to
maintain their health status and remain in the. community.
However,the success of these programs can sometimes create
situations where community demand for services outstrips the number of
available slots. State agencies overseeing youth facilities and
mental health programs have successfully employed temporary capacity
waivers as a cost-effective and practical strategy to address similar
situations. This bill would permit evaluation of this potential tool
for cost savings for adult day health care programs.

PRIOR LEGISLATIVE HISTORY:
2009 S.3120/A.8844 Referred to Aging 2007-08 A.11578/S.8625 Veto Memo
151

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The bill will have no negative fiscal effects, since any adults
admitted to additional slots will be less likely to consume other,
more costly health services. Cost savings under the demonstration
program are required to be documented.

EFFECTIVE DATE:
Immediately, and to be deemed repealed September 1, 2015; provided
that services may continue and be paid for in the event an individual
chooses to remain in a program beyond such date.

2009-A8844A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8844--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2009
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on  Aging  -- recommitted to the Committee on Aging in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT relating to increasing availability  of  adult  day  health  care
  programs; and providing for the repeal of such provisions upon expira-
  tion thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any other provision of law to the contrary,
an adult day health care program, established pursuant to 10 NYCRR  Part
425, having twenty-four authorized slots, and located in a county with a
population  of  more  than one million three hundred thirty-two thousand
six hundred fifty and less than one million  three  hundred  thirty-four
thousand  five  hundred  forty-four  persons  based  on the two thousand
federal census, and which at any point in time is unable to  accommodate
individuals  awaiting  placement into the adult day health care program,
shall be authorized by the commissioner of health to increase the number
of adult day health care slots available for a specified period of  time
as part of a demonstration program by up to twenty-four slots; provided,
however,  that  such program shall otherwise satisfy all other adult day
health care program requirements as set forth  in  10  NYCRR  Part  425.
Further, any such adult home that receives authorization to increase the
number of adult day health care slots available pursuant to this section
shall submit a report annually to the commissioner of health, the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly,  which  contains  the cost of the program, including the savings to
the state and local governments, the number of  persons  served  by  the
program by county, a description of the demographic and clinical charac-
teristics  of  patients  served by the program, and an evaluation of the
quality of care provided to  persons  served  by  the  program.    After

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04696-03-0

A. 8844--A                          2

release  of the second report by any such program if the findings of the
report do not reflect a cost savings to the state and local governments,
the program may be terminated immediately by the commissioner of health.
Within  thirty  days  of the termination of a demonstration program, the
commissioner of health shall submit a report to the governor, the tempo-
rary president of the senate and  the  speaker  of  the  assembly  which
outlines the reasons for early termination of such program.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed September 1, 2015; provided, that any person  placed  in
an  adult  day  health care program pursuant to section one of this act,
prior to the repeal of this act shall be authorized to  remain  in  such
program  and  receive the services thereof after the repeal of this act;
and provided, further, that state funding for the provision of adult day
health care program services authorized by this act shall continue after
the repeal of this act for any person to which the  provisions  of  this
act shall continue to apply.

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