S T A T E   O F   N E W   Y O R K
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                                  6121

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend chapter 594 of the laws of 2011, relating to authorizing
  the establishment of a long term care  community  in  Columbia  county
  known  as  Camphill  Ghent,  Inc.  to  provide  integrated services to
  certain persons, in  relation  to  statutory  authorizations;  and  to
  repeal section 4 of such chapter relating thereto

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

  Section 1. Section 1 of chapter 594 of the laws of 2011,  relating  to
authorizing  the establishment of a long term care community in Columbia
county known as Camphill Ghent, Inc. to provide integrated  services  to
certain persons, is amended to read as follows:
  Section  1.    Legislative intent. [New York state has long recognized
the need to support a full continuum of long term care services for  the
aging  that  supports  the  ability  of  seniors to remain in integrated
community settings for as long as possible. The state has offered  simi-
lar  support  to allow persons with developmental disabilities and their
caregivers to live in community settings, but for the most part  not  in
integrated  housing  arrangements. Further, the state does not currently
support a  service  model  that  adequately  supports  the  increasingly
sophisticated  long term health care needs of persons with developmental
disabilities who are elderly in an  integrated  community  setting  that
includes elderly persons with developmental disabilities and others.]
  The  Legislature finds that the Camphill movement has a long tradition
of providing services to  persons  with  developmental  disabilities  in
fully  integrated  community  settings  through its worldwide network of
planned, intentional communities serving persons with and without devel-
opmental disabilities. [Much more than providers of basic  services  for
people  with  developmental  disabilities, Camphill communities offer an
environment where people of all ages and abilities share home, work  and
social  activities  and  enjoy  a  rich  artistic and cultural life with
opportunities for spiritual  expression  and  dignified  work.  Camphill

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD11097-09-2

S. 6121                             2

communities  rely  on  both  paid  and  volunteer workers to ensure that
persons with developmental disabilities can realize their full potential
through constructive and productive interactions as fully  participatory
members of their communities.
  The  Legislature  further  finds that members of such communities must
frequently leave those communities when they develop  long  term  health
care  needs  that  cannot be addressed in those settings. In such cases,
they are often admitted to  less  integrated  settings  that  negatively
impact their quality of life and generate costs to those individuals and
to  the state that would not be necessary if a more appropriate alterna-
tive were available. In recognition of this fact,] Camphill Village USA,
Inc., which currently operates a Camphill community in Copake, New York,
is in the process of developing a community in Ghent,  New  York,  under
the  auspices  of  Camphill  Ghent, Inc., ("Camphill Ghent"), that would
provide an array of long term care services, including assisted  living,
to persons with and without developmental disabilities WHO WOULD LIVE IN
A  FULLY  INTEGRATED  SETTING  in  the Camphill tradition. TO PERMIT THE
ESTABLISHMENT AND OPERATION OF SUCH COMMUNITY AND ALLOW ITS RESIDENTS TO
"AGE IN PLACE," IT IS NECESSARY TO EXEMPT CAMPHILL  GHENT  FROM  CERTAIN
STATUTORY PROVISIONS.
  [The  Legislature  further  finds  that  the Camphill Ghent project is
consistent with the goal of both the department of health and the office
for people with developmental disabilities  to  provide  cost  effective
services  in  the  most  integrated  setting appropriate to the needs of
residents. In fact, Camphill Ghent has already received support from the
state in the form of a $9.6 million grant under the Healthcare Efficien-
cy and Affordability Law for New Yorkers and  the  Federal-State  Health
Reform  Partnership,  pursuant to which it is subject to state oversight
and regulation.
  However, there are currently legislative barriers to the full realiza-
tion of the Camphill Ghent goal,  including  barriers  against  allowing
residents  to  age  in  place,  barriers  against  full  funding for the
services necessary for persons living in a fully integrated setting  who
have  both  developmental  disabilities and significant long term health
care needs, and barriers against the use of volunteer services  provided
by the potential residents of the new community. In the past, the Legis-
lature has enacted legislation to support a Camphill-related facility in
New  York  state  by removing such barriers.  Moreover, Camphill Village
has a proven track record of providing services at  substantially  lower
cost  than comparable providers. Accordingly, the Legislature finds that
it is in the best interests of the state to establish Camphill Ghent  as
a  unique  program  to  provide  long term care services to persons with
developmental disabilities and others in an integrated community setting
in a manner that allows such individuals to age in place with all appro-
priate state supports, and without the barriers that will  prevent  such
persons from becoming fully participatory members of their community.]
  S 2. Section 2 of chapter 594 of the laws of 2011, relating to author-
izing the establishment of a long term care community in Columbia county
known  as Camphill Ghent, Inc. to provide integrated services to certain
persons, is amended to read as follows:
  S 2. The Legislature hereby authorizes the establishment of a communi-
ty in Columbia county known as Camphill Ghent, Inc. (hereinafter  "Camp-
hill  Ghent"),  that  is specifically designed to provide long term care
and other  services  to  persons  with  developmental  disabilities  and
others.  Such community shall:

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  (a) include, at a minimum, SUBJECT TO THE APPROVAL OF THE COMMISSIONER
OF  HEALTH  AND THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, AS APPRO-
PRIATE, an assisted living program as defined in section  461-l  of  the
social  services law, other adult home beds as defined in subdivision 25
of section 2 of the social services law, and unlicensed housing targeted
to  seniors  aged  55  and  over comprised of self-contained studio, one
bedroom and two bedroom units  connected  to  common  areas  for  common
dining  and  recreation,  and  two and three bedroom independent housing
units;
  (b) include a series of buildings for common use  that  will  house  a
variety of non-medical services available to community residents;
  (c)  include  both persons with developmental disabilities and persons
without developmental disabilities among the residents;
  (d) include extensive use of volunteers  to  supplement  the  services
provided by the required professional staff; and
  (e)  provide  regular  reports  to the state consistent with its obli-
gations under section 2818 of the public health law.
  S 3. Section 3 of chapter 594 of the laws of 2011, relating to author-
izing the establishment of a long term care community in Columbia county
known as Camphill Ghent, Inc. to provide integrated services to  certain
persons, is amended to read as follows:
  S  3.  Notwithstanding subdivision 6 of section 461-c and subparagraph
(ii) of paragraph (d) of subdivision 1 and subparagraph (iii)  of  para-
graph  (d) of subdivision 2 of section 461-l of the social services law,
an eligible person who has been admitted to the adult home  or  assisted
living  program  at  Camphill Ghent, who is otherwise no longer eligible
for participation in an adult home or assisted  living  program  because
such person is in need of continual nursing or medical care, chronically
bedfast  or  chairfast, or cognitively, physically or medically impaired
to such a degree that his or her safety would otherwise  be  endangered,
may  remain  in  the  adult  home or assisted living program at Camphill
Ghent provided  that  the  program  provides  such  additional  nursing,
medical  or  other  care  as  necessary for such person to be safely and
adequately cared for, as determined by the program and  such  person  or
his  or  her  legal  representative.  [The rates payable to the assisted
living program at Camphill Ghent may be adjusted to reflect all or  part
of the cost of such additional medical, nursing or other care.]
  S 4. Section 4 of chapter 594 of the laws of 2011, relating to author-
izing the establishment of a long term care community in Columbia county
known  as Camphill Ghent, Inc. to provide integrated services to certain
persons, is REPEALED.
  S 5. Section 5 of chapter 594 of the laws of 2011, relating to author-
izing the establishment of a long term care community in Columbia county
known as Camphill Ghent, Inc. to provide integrated services to  certain
persons, is amended to read as follows:
  S 5.  Camphill Ghent shall be exempt from [the following provisions of
the  social  services law:] subdivision 6 of section 461-c of the social
services law regarding retention standards  in  adult  care  facilities;
subdivision  4  of  section  461-d  of the social services law regarding
compensation of residents of certain adult care facilities for  services
performed  on  behalf of such adult care facility; and subparagraph (ii)
of paragraph (d) of  subdivision  1  of  section  461-l  of  the  social
services  law regarding retention standards in assisted living programs.
Camphill Ghent shall also be exempt from subdivision 15 of section  4651
and  section 4654 of the public health law, AS ADDED BY CHAPTER 2 OF THE
LAWS OF 2004, regarding  enhanced  assisted  living  certification.  The

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exemption from subdivision 6 of section 461-c of the social services law
and subparagraph (ii) of paragraph (d) of subdivision 1 of section 461-l
of  the social services law shall apply only to the extent that Camphill
Ghent meets the requirements of section three of this act.
  S 6. This act shall take effect immediately.