S T A T E   O F   N E W   Y O R K
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                                  1495

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT relating to increasing availability under the  adult  day  health
  care  program;  and  providing  for the repeal of such provisions upon
  expiration 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,
any adult day health care program, established pursuant to 10 NYCRR Part
425,  located  in a county having 89 authorized slots, with a population
of more than 325,000 and less than 400,000 persons and in a city with  a
population  of  more  than 25,000 persons in such county, as recorded by
the 2000 United States census bureau, 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  50
slots  within  such  county;  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 program which
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 governor, the temporary president  of
the  senate  and the speaker of the assembly, which contains the cost of
the program, including the savings to state and local  governments,  the
number  of persons served by the program by county, a description of the
demographic and clinical  characteristics  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

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

                                                           LBD02400-01-3

A. 1495                             2

the state and local governments, the program  may  be  terminated  imme-
diately by the commissioner of health. Within 30 days of the termination
of  a  demonstration  program, the commissioner of health shall submit a
report  to  the  governor, the temporary 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  be  deemed
repealed September 1, 2018; 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, 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.