NY State Senate Bill 2017-S535

Senate Bill S535

2017-2018 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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to aging
Jan 04, 2017	referred to aging

co-Sponsors

2017-S535 (ACTIVE) - Details

See Assembly Version of this Bill:: A6341
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
2015-2016: S2276, A10243
2019-2020: S897, A5158
2021-2022: A3626
2023-2024: A8401
2025-2026: A842

2017-S535 (ACTIVE) - 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.

2017-S535 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S535

 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 :

2015,2016: S.2276A/A.10243 Referred to Aging
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.

2017-S535 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    535
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sens. YOUNG, AKSHAR -- 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".
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05775-01-7

 S. 535                              2
 
 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.
   § 3. This act shall take effect immediately.

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Senate Bill S535

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Sponsored By

Catharine Young