NY State Senate Bill 2015-S2276A

Senate Bill S2276A

2015-2016 Legislative Session

Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing to receive services they could get at home

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
May 19, 2016	print number 2276a
May 19, 2016	amend and recommit to aging
Jan 06, 2016	referred to aging
Jan 22, 2015	referred to aging

Bill Amendments

Original

A (Active)

2015-S2276 - Details

See Assembly Version of this Bill:: A10243
Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Amd §4651, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4319
2013-2014: S4124
2017-2018: S535, A6341
2019-2020: S897, A5158
2021-2022: A3626
2023-2024: A8401
2025-2026: A842

2015-S2276 - Summary

Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing, shelters and residences to receive services they could otherwise receive if they resided in a private residence.

2015-S2276 - Sponsor Memo

                                BILL NUMBER:S2276

TITLE OF BILL:

An act to amend the public health law, in relation to establishing the
independent senior housing resident freedom of choice act

PURPOSE:

To clarify that individuals living in senior housing have the right to
access and obtain the same services that they would if they were an
individual residing in the community, from the provider of their
choosing. These services include personal care, home care, case
management, technologies and other community services that support
them to live independently in the community.

SUMMARY OF PROVISIONS:

Section 1 states that the bill shall be referenced as "The Independent
Senior Housing resident Freedom of Choice Act".

Section 2 lays out the legislative intent behind the bill.

Section 3 amends paragraph (j) of subdivision 1 of section 4651 of the
public health law to:

1) change the term "facility" to "operator" to be consistent
throughout the definition;

2) clarify that any number of residents living in senior housing can
obtain personal care or home care services from any licensed or
certified home care agency depending on the individual needs of the
residents at any given time as they would otherwise obtain if they
were living in their own private home;

3) clarify that residents of independent senior housing can obtain
personal care or home care services from any licensed or certified
home care agency, personal care program, long term home health care
program, or managed long term care program of their choosing that
provides services in that location;

4) clarify that a licensed or certified home care agency, personal
care program, long term home health care program, or managed long term
care program under the authority of its own licensure or certificate
is able to perform outreach, arrange, or provide home care services to
the residents, so that a resident will have a choice from all
available home or personal care service providers and access to any
services they would otherwise have access to if living in their own
private home;

5) clarify that a resident of independent senior housing has the
ability to obtain technologies that assist in maintaining
independence, as they would if they were living in their own private
home; and

6) clarify activities allowed by the housing operator.


Section 4 states the effective date.

JUSTIFICATION:

The complexity of state statutes and regulations governing the
operation and services provided in congregate settings have caused a
lack of clarity with regard to the rights and opportunities of senior
citizens and persons with disabilities residing in independent housing
to choose and access services from the community. These services are
available to such individuals if they reside in their own, private
homes.

Such community-based services help seniors, in private homes and
independent housing alike, to "age in place" and remain living in the
less restrictive, more integrated setting. Residents have rights
under, and housing providers must comply with, the Fair Housing Act
(FHA), Americans with Disabilities Act (ADA), and the U.S. Supreme
Court's Olmstead decision. The ability of seniors and disabled
individuals to choose to remain in independent housing and select
their own health care and supportive services are critical components
of these laws and policies.

Ensuring access to such services is also in furtherance of New York
State policy of promoting access to community living and
community-based services to maintain the health and quality of life of
senior citizens and the disabled as well as to prevent avoidable and
costly admission to medical and other institutional-type facilities.

The Independent Senior Housing Resident Freedom of Choice Act would
clarify and declare the rights of seniors and persons with
disabilities to choose, live and access services in independent
housing including personal care, home care, case management,
technologies and other community services that support them to live
independently in the community.

LEGISLATIVE HISTORY:

2013,2014 S.4124 Referred to Aging
2011,2012: S.4319A Referred to Aging

FISCAL IMPLICATIONS:

The bill may result in cost savings due to seniors remaining in the
community rather than transitioning into more expensive settings.
Undetermined at this time.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2276 - Bill Text download pdf

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

                                  2276

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  establishing  the
  independent senior housing resident freedom of choice act

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

  Section 1. Short title. This act shall be known and may be referred to
as the "independent senior housing resident freedom of choice act".
  S 2. Paragraph (j) of subdivision 1 of  section  4651  of  the  public
health  law,  as  added  by chapter 2 of the laws of 2004, is amended to
read as follows:
  (j) independent senior housing, shelters or residences for adults. For
purposes of this article and for purposes of  determining  certification
pursuant  to  article  seven  of the social services law, the department
shall by regulation, define independent senior  housing,  provided  such
definition  shall  be  based  on  whether the operator does not provide,
arrange for, or coordinate personal care services or home care  services
on  behalf  of  residents;  and the [facility] OPERATOR does not provide
case management services in a congregate  care  setting  for  residents.
Nothing  in  this  chapter shall preclude [a resident of]: (I) ANY inde-
pendent senior housing RESIDENT OR ANY NUMBER  OF  SUCH  RESIDENTS  from
personally  and  directly obtaining [private] personal care or home care
services from [a] ANY licensed [or certified] home care SERVICES agency,
CERTIFIED HOME HEALTH  AGENCY,  LONG  TERM  HOME  HEALTH  CARE  PROGRAM,
PROGRAMS  OF  ALL-INCLUSIVE  CARE  FOR THE ELDERLY OR OTHER MANAGED LONG
TERM CARE PROGRAM;
  (II)  AN  AGENCY  OR  PROGRAM  LICENSED  OR  APPROVED  UNDER   ARTICLE
THIRTY-SIX  OR  SECTION  FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER FROM
OFFERING, ARRANGING FOR OR PROVIDING SERVICES TO THE RESIDENTS  OF  SUCH
HOUSING  AS SUCH AGENCY IS OTHERWISE AUTHORIZED TO OFFER, ARRANGE FOR OR
PROVIDE TO ANY OTHER PERSON OR PERSONS RESIDING IN  THEIR  OWN  HOME  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07563-01-5

S. 2276                             2

APARTMENT  OR  IN THE HOME OF ANY OTHER RESPONSIBLE RELATIVE OR ADULT IN
THE COMMUNITY;
  (III)  ANY  INDEPENDENT  SENIOR HOUSING RESIDENT OR ANY NUMBER OF SUCH
RESIDENTS FROM PERSONALLY AND DIRECTLY CHOOSING AND  OBTAINING  SERVICES
FROM  AN  APPROPRIATELY  LICENSED OR APPROVED AGENCY OR PROGRAM OFFERING
PERSONAL CARE, HOME CARE OR CASE MANAGEMENT SERVICES, OR FROM OBTAINING,
PERSONALLY AND DIRECTLY, TECHNOLOGIES THAT ASSIST IN  MAINTAINING  INDE-
PENDENCE; OR
  (IV) AN INDEPENDENT SENIOR HOUSING OPERATOR FROM OFFERING ROOM, BOARD,
LAUNDRY,  HOUSEKEEPING,  INFORMATION AND REFERRAL, SECURITY, TRANSPORTA-
TION OR CONCIERGE-LIKE SERVICES; ASSISTING TENANTS WITH HOUSING  ISSUES;
PROVIDING INFORMATION TO TENANTS ABOUT SERVICES AND ACTIVITIES AVAILABLE
IN  THE COMMUNITY; ASSISTING TENANTS WISHING TO DO SO IN CONNECTING WITH
SUCH SERVICES AND ACTIVITIES; PROVIDING  ACCESS  TO  SUCH  SERVICES  AND
ACTIVITIES;  AND  CONTACTING  APPROPRIATE  RESPONDERS IN AN EMERGENCY OR
OTHER SITUATION INVOLVING ANY TENANTS THAT APPEARS TO WARRANT  IMMEDIATE
ATTENTION, ASSISTANCE OR INTERVENTION.
  S 3. This act shall take effect immediately.

co-Sponsors

2015-S2276A (ACTIVE) - Details

See Assembly Version of this Bill:: A10243
Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Amd §4651, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4319
2013-2014: S4124
2017-2018: S535, A6341
2019-2020: S897, A5158
2021-2022: A3626
2023-2024: A8401
2025-2026: A842

2015-S2276A (ACTIVE) - Summary

2015-S2276A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2276A

 TITLE OF BILL :

An act to amend the public health law, in relation to establishing the
independent senior housing resident freedom of choice act

 PURPOSE :

To clarify that individuals living in senior housing have the right to
access and obtain the same services that they would if they were an
individual residing in the community, from the provider of their
choosing. These services include personal care, home care, case
management, technologies and other community services that support
them to live independently in the community.

 SUMMARY OF PROVISIONS :

Section 1 states that the bill shall be referenced as "The Independent
Senior Housing resident Freedom of Choice Act".

Section 2 lays out the legislative intent behind the bill.

Section 3 amends paragraph (j) of subdivision 1 of section 4651 of the
public health law to:

1) change the term "facility" to "operator" to be consistent
throughout the definition;

2) clarify that any number of residents living in senior housing can
obtain personal care or home care services from any licensed or
certified home care agency depending on the individual needs of the
residents at any given time as they would otherwise obtain if they
were living in their own private home;

3) clarify that residents of independent senior housing can obtain
personal care or home care services from any licensed or certified
home care agency, personal care program, long term home health care
program, or managed long term care program of their choosing that
provides services in that location;

4) clarify that a licensed or certified home care agency, personal
care program, long term home health care program, or managed long term
care program under the authority of its own licensure or certificate
is able to perform outreach, arrange, or provide home care services to
the residents, so that a resident will have a choice from all
available home or personal care service providers and access to any
services they would otherwise have access to if living in their own
private home;

5) clarify that a resident of independent senior housing has the
ability to obtain technologies that assist in maintaining
independence, as they would if they were living in their own private
home; and

6) clarify activities allowed by the housing operator. Section 4
states the effective date.

 JUSTIFICATION :

The complexity of state statutes and regulations governing the
operation and services provided in congregate settings have caused a
lack of clarity with regard to the rights and opportunities of senior
citizens and persons with disabilities residing in independent housing
to choose and access services from the community. These services are

available to such individuals if they reside in their own, private
homes.

Such community-based services help seniors, in private homes and
independent housing alike, to "age in place" and remain living in the
less restrictive, more integrated setting. Residents have rights
under, and housing providers must comply with, the Fair Housing Act
(FHA), Americans with Disabilities Act (ADA), and the U.S. Supreme
Court's Olmstead decision. The ability of seniors and disabled
individuals to choose to remain in independent housing and select
their own health care and supportive services are critical components
of these laws and policies.

Ensuring access to such services is also in furtherance of New York
State policy of promoting access to community living and
community-based services to maintain the health and quality of life of
senior citizens and the disabled as well as to prevent avoidable and
costly admission to medical and other institutional-type facilities.

The Independent Senior Housing Resident Freedom of Choice Act would
clarify and declare the rights of seniors and persons with
disabilities to choose, live and access services in independent
housing including personal care, home care, case management,
technologies and other community services that support them to live
independently in the community.

 LEGISLATIVE HISTORY :

2015: Referred to Aging
2013,2014 S.4124Referred to Aging
2011,2012: S.4319A Referred to Aging

 FISCAL IMPLICATIONS :

The bill may result in cost savings due to seniors remaining in the
community rather than transitioning into more expensive settings.
Undetermined at this time.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S2276A (ACTIVE) - Bill Text download pdf

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

                                 2276--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging  --  recommitted  to
  the  Committee  on  Aging  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the public health law, in relation to establishing the
  independent senior housing resident freedom of choice act

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

  Section 1. Short title. This act shall be known and may be referred to
as the "independent senior housing resident freedom of choice act".
  S  2.  Paragraph  (j)  of  subdivision 1 of section 4651 of the public
health law, as added by chapter 2 of the laws of  2004,  is  amended  to
read as follows:
  (j) independent senior housing, shelters or residences for adults. For
purposes  of  this article and for purposes of determining certification
pursuant to article seven of the social  services  law,  the  department
shall  by  regulation,  define independent senior housing, provided such
definition shall be based on whether  the  operator  does  not  provide,
arrange  for, or coordinate personal care services or home care services
on behalf of residents; and the [facility]  OPERATOR  does  not  provide
case  management  services  in  a congregate care setting for residents.
Nothing in this chapter shall preclude [a resident of]:  (I)  ANY  inde-
pendent  senior  housing  RESIDENT  OR ANY NUMBER OF SUCH RESIDENTS from
personally and directly obtaining [private] personal care or  home  care
services from [a] ANY licensed [or certified] home care SERVICES agency,
CERTIFIED  HOME  HEALTH  AGENCY,  LONG  TERM  HOME  HEALTH CARE PROGRAM,
PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY  OR  OTHER  MANAGED  LONG
TERM CARE PROGRAM;
  (II)   AN  AGENCY  OR  PROGRAM  LICENSED  OR  APPROVED  UNDER  ARTICLE
THIRTY-SIX OR SECTION FORTY-FOUR HUNDRED THREE-F OF  THIS  CHAPTER  FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07563-02-6

S. 2276--A                          2

OFFERING,  ARRANGING  FOR OR PROVIDING SERVICES TO THE RESIDENTS OF SUCH
HOUSING AS SUCH AGENCY IS OTHERWISE AUTHORIZED TO OFFER, ARRANGE FOR  OR
PROVIDE  TO  ANY  OTHER  PERSON OR PERSONS RESIDING IN THEIR OWN HOME OR
APARTMENT  OR  IN THE HOME OF ANY OTHER RESPONSIBLE RELATIVE OR ADULT IN
THE COMMUNITY;
  (III) ANY INDEPENDENT SENIOR HOUSING RESIDENT OR ANY  NUMBER  OF  SUCH
RESIDENTS  FROM  PERSONALLY AND DIRECTLY CHOOSING AND OBTAINING SERVICES
FROM AN APPROPRIATELY LICENSED OR APPROVED AGENCY  OR  PROGRAM  OFFERING
PERSONAL CARE, HOME CARE OR CASE MANAGEMENT SERVICES, OR FROM OBTAINING,
PERSONALLY  AND  DIRECTLY, TECHNOLOGIES THAT ASSIST IN MAINTAINING INDE-
PENDENCE; OR
  (IV) AN INDEPENDENT SENIOR HOUSING OPERATOR FROM OFFERING ROOM, BOARD,
LAUNDRY, HOUSEKEEPING, INFORMATION AND REFERRAL,  SECURITY,  TRANSPORTA-
TION  OR CONCIERGE-LIKE SERVICES; ASSISTING TENANTS WITH HOUSING ISSUES;
PROVIDING INFORMATION TO TENANTS ABOUT SERVICES AND ACTIVITIES AVAILABLE
IN THE COMMUNITY; ASSISTING TENANTS WISHING TO DO SO IN CONTACTING  SUCH
SERVICES  AND  ACTIVITIES;  AND  CONTACTING APPROPRIATE RESPONDERS IN AN
EMERGENCY OR OTHER SITUATION  INVOLVING  ANY  TENANTS  THAT  APPEARS  TO
WARRANT IMMEDIATE ATTENTION, ASSISTANCE OR INTERVENTION.  NO INDEPENDENT
SENIOR  HOUSING  OPERATOR  OR  STAFF  OF  THE INDEPENDENT SENIOR HOUSING
FACILITY SHALL TAKE ACTION TO LIMIT THE OPTIONS PRESENTED  TO  RESIDENTS
FOR A HOME CARE SERVICES AGENCY, CERTIFIED HOME HEALTH AGENCY, LONG TERM
HOME HEALTH CARE PROGRAM, PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY,
OR  OTHER  MANAGED  LONG TERM CARE PROGRAM EXCEPT WHERE THE RESIDENT HAS
PROVIDED CRITERIA TO LIMIT THE OPTIONS PRESENTED. NO INDEPENDENT  SENIOR
HOUSING OPERATOR OR ANY STAFF OF THE INDEPENDENT SENIOR HOUSING FACILITY
SHALL INDUCE ANY RESIDENT TO UTILIZE A HOME CARE SERVICES AGENCY, CERTI-
FIED  HOME HEALTH AGENCY, LONG TERM HOME HEALTH CARE PROGRAM, PROGRAM OF
ALL-INCLUSIVE CARE FOR THE ELDERLY, OR  OTHER  MANAGED  LONG  TERM  CARE
PROGRAM  WHERE  THERE  IS ANY SPECIFIC BENEFIT THAT ACCRUES TO THE INDE-
PENDENT SENIOR HOUSING OPERATOR, STAFF OF THE INDEPENDENT SENIOR HOUSING
FACILITY, OR THEIR FAMILIES FOR  DIRECTING  RESIDENTS  TO  ANY  SPECIFIC
PROVIDER OF SERVICES.
  S 3. This act shall take effect immediately.

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