S T A T E   O F   N E W   Y O R K
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                                  1042

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. GUNTHER, JAFFEE -- Multi-Sponsored by -- M. of A.
  RIVERA -- 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
the  state  and  local  governments, the program may be terminated imme-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01616-01-5
              

A. 1042                             2

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, 2020; 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.