NY State Senate Bill 2011-S4858

Senate Bill S4858

2011-2012 Legislative Session

Relates to the review and approval process for a license to operate an assisted living residence

download bill text pdf

Archive: Last Bill Status - In Senate Committee Aging 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
Jan 04, 2012	referred to aging
Apr 29, 2011	print number 4858a
Apr 29, 2011	amend (t) and recommit to aging
Apr 27, 2011	referred to aging

Bill Amendments

Original

A (Active)

2011-S4858 - Details

Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Amd §4656, Pub Health L

2011-S4858 - Summary

Relates to the review and approval process for a license to operate an assisted living residence.

2011-S4858 - Sponsor Memo

                                BILL NUMBER:S4858

TITLE OF BILL:
An act
to amend the public health law, in relation to the review and approval
process to operate a fee-for-service continuing care retirement
community

PURPOSE:
To impose a 90 day time frame in which the Department of
Health must either grant a license to applicants seeking assisted
living residence, enhanced assisted living residence. and special
needs assisted living residence licensure. or provide a provisional
license or provide the applicant with a comprehensive and
final list of incomplete or outstanding information required in order
to grant the license.

SUMMARY OF PROVISIONS:
Amends Section 4656 by adding in a new
subdivision 4-a of Chapter 2 of the Laws of 2004 to:

* Impose a 90 time frame in which the Department of Health must either
grant a license to applicants seeking assisted living residence,
enhanced assisted living residence. and special needs assisted living
residence licensure, or provide a provisional license or provide the
applicant with a comprehensive and final list of incomplete or

outstanding information required in order to grant the license:

* Requires the Department to issue a license within 60 days after the
outstanding information has been received by the Department;

JUSTIFICATION:
The fastest growing segment of the State's population
is individuals aged 60 or more, and there is a growing demand for
senior housing options that provide varying levels of long term
services and supports and allow individuals to age in place.
The Assisted Living Reform Act of 2004 was intended to provide New
York's consumers with a licensed, regulated assisted living option.
The Act provides a sound framework for assisted living with
standards. licensure and certification requirements and consumer
protections and disclosures. However, the licensure process has
been protracted since the passage of the Act in 2004.

Currently, less than one third of the ALR/EALR/SNALR applications
pending before the Department of Health have been granted licensure.
Many of these applications have been pending since August 2005. Much
of the backlog can be attributed to the Department's lack of
resources in the face of budget constraints. However, the protracted
licensure process impedes the ability of New York's seniors to take
full advantage of the consumer protections and disclosures set forth
in the Act. This bill would help address the issue by granting the
Department options and time frames in which it must either grant
licenses, provisional licenses or a comprehensive list of outstanding
or incomplete information needed in order to grant licenses. These
time frames and options are intended to provide a structure and
framework for both the Department and applicants to work within and


will alleviate delays due to missing or incomplete information.
Regardless of the option the Department chooses, New York's seniors
will see immediate benefit

Lack of progress on licensure has a direct consumer impact. Without
full implementation of the law, New York's seniors cannot age in
place and cannot take advantage of the numerous protections and
disclosures contained in the statute. Expediting the licensure
process will allow New York's seniors to take advantage of the full
aging in place services they demand. Additionally, a robust New York
assisted living environment keeps residents. businesses and tax
revenues in the State. Encouraging assisted living development has a
positive impact of the State's economic growth and recovery.

LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4858 - Bill Text download pdf

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

                                  4858

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the public health law, in relation  to  the  review  and
  approval  process to operate a fee-for-service continuing care retire-
  ment community

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

  Section  1. Section 4656 of the public health law, as added by chapter
2 of the laws of 2004, is amended by adding a  new  subdivision  4-a  to
read as follows:
  4-A.  THE  DEPARTMENT  SHALL HAVE NINETY DAYS AFTER AN ASSISTED LIVING
RESIDENCE APPLICATION, AN ENHANCED ASSISTED  LIVING  RESIDENCE  APPLICA-
TION,  OR A SPECIAL NEEDS ASSISTED LIVING RESIDENCE APPLICATION HAS BEEN
RECEIVED BY THE DEPARTMENT, TO GRANT A  LICENSE  TO  THE  APPLICANT.  IF
LICENSURE  HAS  NOT  BEEN GRANTED WITHIN THIS TIME FRAME, THE DEPARTMENT
SHALL GRANT A PROVISIONAL LICENSE  TO  THE  APPLICANT,  OR  PROVIDE  THE
APPLICANT  WITH  A  COMPREHENSIVE  AND  FINAL  LIST  OF  INCOMPLETE  AND
OUTSTANDING INFORMATION REQUIRED IN ORDER TO GRANT THE LICENSE. ONCE THE
OUTSTANDING INFORMATION HAS BEEN RECEIVED BY THE DEPARTMENT, THE DEPART-
MENT SHALL HAVE SIXTY DAYS TO GRANT A LICENSE TO THE APPLICANT. FURTHER,
FOR ALL ASSISTED LIVING RESIDENCE, ENHANCED ASSISTED  LIVING  RESIDENCE,
AND  SPECIAL  NEEDS  ASSISTED LIVING RESIDENCE APPLICATIONS SUBMITTED TO
THE DEPARTMENT PRIOR TO THE EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  THE
DEPARTMENT  SHALL  HAVE  NINETY DAYS FROM SUCH EFFECTIVE DATE TO GRANT A
PROVISIONAL LICENSE TO THE APPLICANT, OR PROVIDE THE  APPLICANT  WITH  A
COMPREHENSIVE  AND  FINAL LIST OF INCOMPLETE AND OUTSTANDING INFORMATION
REQUIRED IN ORDER TO GRANT THE LICENSE. ONCE THE OUTSTANDING INFORMATION
HAS BEEN RECEIVED BY THE DEPARTMENT, THE  DEPARTMENT  SHALL  HAVE  SIXTY
DAYS TO GRANT A LICENSE TO THE APPLICANT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10916-01-1

co-Sponsors

2011-S4858A (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Amd §4656, Pub Health L

2011-S4858A (ACTIVE) - Summary

Relates to the review and approval process for a license to operate an assisted living residence.

2011-S4858A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4858A

TITLE OF BILL:
An act
to amend the public health law, in relation to applications for a license
to operate an assisted living residence

PURPOSE:
To impose a 90 day time frame in which the Department of
Health must either grant a license to applicants seeking assisted
living residence, enhanced assisted living residence. and special
needs assisted living residence licensure. or provide a provisional
license or provide the applicant with a comprehensive and
final list of incomplete or outstanding information required in order
to grant the license.

SUMMARY OF PROVISIONS:
Amends Section 4656 by adding in a new
subdivision 4-a of Chapter 2 of the Laws of 2004 to:

* Impose a 90 time frame in which the Department of Health must either
grant a license to applicants seeking assisted living residence,
enhanced assisted living residence. and special needs assisted living
residence licensure, or provide a provisional license or provide the
applicant with a comprehensive and final list of incomplete or
outstanding information required in order to grant the license:

* Requires the Department to issue a license within 60 days after the
outstanding information has been received by the Department.

JUSTIFICATION:
The fastest growing segment of the State's population
is individuals aged 60 or more, and there is a growing demand for
senior housing options that provide varying levels of long term
services and supports and allow individuals to age in place.
The Assisted Living Reform Act of 2004 was intended to provide New
York's consumers with a licensed, regulated assisted living option.
The Act provides a sound framework for assisted living with
standards. licensure and certification requirements and consumer
protections and disclosures. However, the licensure process has
been protracted since the passage of the Act in 2004.

Currently, less than one third of the ALR/EALR/SNALR applications
pending before the Department of Health have been granted licensure.
Many of these applications have been pending since August 2005. Much
of the backlog can be attributed to the Department's lack of
resources in the face of budget constraints. However, the protracted
licensure process impedes the ability of New York's seniors to take
full advantage of the consumer protections and disclosures set forth
in the Act. This bill would help address the issue by granting the
Department options and time frames in which it must either grant
licenses, provisional licenses or a comprehensive list of outstanding

or incomplete information needed in order to grant licenses. These
time frames and options are intended to provide a structure and
framework for both the Department and applicants to work within and
will alleviate delays due to missing or incomplete information.
Regardless of the option the Department chooses, New York's seniors
will see immediate benefit.

Lack of progress on licensure has a direct consumer impact. Without
full implementation of the law, New York's seniors cannot age in
place and cannot take advantage of the numerous protections and
disclosures contained in the statute. Expediting the licensure
process will allow New York's seniors to take advantage of the full
aging in place services they demand. Additionally, a robust New York
assisted living environment keeps residents. businesses and tax
revenues in the State. Encouraging assisted living development has a
positive impact of the State's economic growth and recovery.

LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4858A (ACTIVE) - Bill Text download pdf

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

                                 4858--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Aging  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to applications for a
  license to operate an assisted living residence

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

  Section 1. Section 4656 of the public health law, as added by  chapter
2  of  the  laws  of 2004, is amended by adding a new subdivision 4-a to
read as follows:
  4-A. THE DEPARTMENT SHALL HAVE NINETY DAYS AFTER  AN  ASSISTED  LIVING
RESIDENCE  APPLICATION,  AN  ENHANCED ASSISTED LIVING RESIDENCE APPLICA-
TION, OR A SPECIAL NEEDS ASSISTED LIVING RESIDENCE APPLICATION HAS  BEEN
RECEIVED  BY  THE  DEPARTMENT,  TO  GRANT A LICENSE TO THE APPLICANT. IF
LICENSURE HAS NOT BEEN GRANTED WITHIN THIS TIME  FRAME,  THE  DEPARTMENT
SHALL  GRANT  A  PROVISIONAL  LICENSE  TO  THE APPLICANT, OR PROVIDE THE
APPLICANT  WITH  A  COMPREHENSIVE  AND  FINAL  LIST  OF  INCOMPLETE  AND
OUTSTANDING INFORMATION REQUIRED IN ORDER TO GRANT THE LICENSE. ONCE THE
OUTSTANDING INFORMATION HAS BEEN RECEIVED BY THE DEPARTMENT, THE DEPART-
MENT SHALL HAVE SIXTY DAYS TO GRANT A LICENSE TO THE APPLICANT. FURTHER,
FOR  ALL  ASSISTED LIVING RESIDENCE, ENHANCED ASSISTED LIVING RESIDENCE,
AND SPECIAL NEEDS ASSISTED LIVING RESIDENCE  APPLICATIONS  SUBMITTED  TO
THE  DEPARTMENT  PRIOR  TO  THE  EFFECTIVE DATE OF THIS SUBDIVISION, THE
DEPARTMENT SHALL HAVE NINETY DAYS FROM SUCH EFFECTIVE DATE  TO  GRANT  A
PROVISIONAL  LICENSE  TO  THE APPLICANT, OR PROVIDE THE APPLICANT WITH A
COMPREHENSIVE AND FINAL LIST OF INCOMPLETE AND  OUTSTANDING  INFORMATION
REQUIRED IN ORDER TO GRANT THE LICENSE. ONCE THE OUTSTANDING INFORMATION
HAS  BEEN  RECEIVED  BY  THE DEPARTMENT, THE DEPARTMENT SHALL HAVE SIXTY
DAYS TO GRANT A LICENSE TO THE APPLICANT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10916-02-1

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