S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4656
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the social services law, in relation to  establishing  a
   residential demonstration program for persons with advanced needs; 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. The social services law is amended by adding a new  section
 461-u to read as follows:
   §  461-U.  RESIDENTIAL DEMONSTRATION PROGRAM FOR PERSONS WITH ADVANCED
 NEEDS ESTABLISHED. 1. THE COMMISSIONER OF HEALTH (REFERRED  TO  IN  THIS
 SECTION  AS  THE  "COMMISSIONER")  SHALL  ESTABLISH A RESIDENTIAL DEMON-
 STRATION PROGRAM FOR PERSONS WITH ADVANCED NEEDS (REFERRED  TO  IN  THIS
 SECTION AS THE "PROGRAM") THAT SHALL, NOTWITHSTANDING SUBDIVISION SIX OF
 SECTION FOUR HUNDRED SIXTY-ONE-C OF THIS TITLE, PROVIDE MEDICAL, SOCIAL,
 AND  RESIDENTIAL  CARE  TO  PERSONS WITH DEMENTIA, SIGNIFICANT COGNITIVE
 DISEASE OR BEHAVIOR DISTURBANCES (AS  DEFINED  BY  NATIONALLY-RECOGNIZED
 PROFESSIONAL  STANDARDS) IN THE COUNTIES OF ALBANY, SCHENECTADY, SARATO-
 GA, AND OTHER COUNTIES AS APPROVED BY THE  COMMISSIONER.  TO  OPERATE  A
 FACILITY  IN THE PROGRAM, A FACILITY SHALL BE CERTIFIED TO OPERATE AS AN
 ADULT CARE FACILITY UNDER THIS TITLE AND APPLY AND BE  APPROVED  BY  THE
 COMMISSIONER UNDER THIS SECTION. FOR A FACILITY TO BE APPROVED UNDER THE
 PROGRAM, THE OPERATOR OF THE FACILITY SHALL PROVIDE THE FOLLOWING INFOR-
 MATION  TO  THE  COMMISSIONER,  ON  AN APPLICATION FORM DEVELOPED BY THE
 COMMISSIONER:
   (A) BUSINESS NAME, STREET ADDRESS, AND MAILING ADDRESS  OF  THE  RESI-
 DENCE AND OF THE OWNERS OF THE RESIDENCE;
   (B) STATUS OF CURRENT CERTIFICATE OF OPERATION;
   (C)  VERIFICATION THAT THE OPERATOR HAS A VALID RESIDENCY AGREEMENT IN
 COMPLIANCE WITH THIS TITLE TO BE ENTERED INTO WITH EACH RESIDENT,  RESI-
 DENT'S  REPRESENTATIVE  AND RESIDENT'S LEGAL REPRESENTATIVE, IF ANY, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08854-01-1

 A. 4656                             2
 
 SHALL INCLUDE A COPY OF THE INFORMATION TO BE INCLUDED IN THE  RESIDENCY
 AGREEMENT  AND  DISCLOSURES  AS  REQUIRED  UNDER THIS TITLE THAT WILL BE
 GIVEN TO PROSPECTIVE RESIDENTS; AND
   (D)  ANY OTHER INFORMATION THE COMMISSIONER MAY REASONABLY DEEM NECES-
 SARY FOR THE EVALUATION OF THE APPLICATION, PROVIDED THE INFORMATION  IS
 NOT  DUPLICATIVE  OF  WHAT  IS  OTHERWISE  REQUIRED  OF THE APPLICANT IN
 OBTAINING AN ADULT CARE FACILITY CERTIFICATE OF OPERATION.
   2. A FACILITY UNDER THE PROGRAM SHALL:
   (A) BE LIMITED TO NO MORE THAN TEN RESIDENTS, AND MAY INCLUDE AN ADDI-
 TIONAL TWO PERSONS PARTICIPATING IN ADULT DAYCARE;
   (B) PROVIDE PROFESSIONAL MEDICAL AND NURSING SERVICES THROUGH  EMPLOY-
 MENT  OR  CONTRACT;  A  PHYSICIAN SHALL BE RESPONSIBLE FOR OVERSIGHT AND
 SUPERVISION OF EACH FACILITY OPERATION;
   (C) HAVE ENTERED INTO A  MEMORANDUM  OF  UNDERSTANDING  WITH  REGIONAL
 GENERAL HOSPITALS AND NURSING HOMES FOR PATIENT TRANSFER AND CARE;
   (D) DEMONSTRATE THE ABILITY TO IMPROVE HEALTH CARE OUTCOMES OF PERSONS
 THROUGH PALLIATIVE CARE AND THE COORDINATION OF HEALTH CARE SERVICES;
   (E)  DEMONSTRATE THE ABILITY TO ASSIST RESIDENTS WITH SEVERE COGNITIVE
 AND BEHAVIORAL DYSFUNCTION CONSISTENT WITH THEIR DIAGNOSIS; AND
   (F) ADOPT AND MAKE PUBLIC A STATEMENT OF THE RIGHTS  AND  RESPONSIBIL-
 ITIES OF THE FACILITY RESIDENTS, AND THEIR LAWFUL REPRESENTATIVES, UNDER
 SECTION FOUR HUNDRED SIXTY-ONE-D OF THIS TITLE.
   3. TWELVE MONTHS AFTER THE APPROVAL OF THE FIRST PROGRAM FACILITY, AND
 ANNUALLY  THEREAFTER,  THE  PROGRAM FACILITY SHALL REPORT TO THE COMMIS-
 SIONER ON THE PROGRESS OF THE PROGRAM IN A FORM AND MANNER DESIGNATED BY
 THE COMMISSIONER. SIX MONTHS PRIOR TO THE EXPIRATION OF THE PROGRAM, THE
 COMMISSIONER SHALL REPORT ON THE PROGRAM TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE
 SENATE AND  ASSEMBLY  HEALTH  COMMITTEES,  AND  RECOMMEND  ITS  POSSIBLE
 CONTINUANCE OR PERMANENCE.
   4.  THE COMMISSIONER MAY SUBMIT THE APPROPRIATE APPLICATIONS FOR WAIV-
 ERS AND OTHER APPLICATIONS, INCLUDING TO THE FEDERAL CENTER FOR MEDICARE
 AND MEDICAID SERVICES, NECESSARY TO ACHIEVE THE PURPOSES OF HIGH  QUALI-
 TY,  INTEGRATED, AND COST EFFECTIVE CARE AND INTEGRATED FINANCIAL ELIGI-
 BILITY POLICIES UNDER MEDICAID, CHILD HEALTH PLUS OR MEDICARE. COPIES OF
 THE APPLICATIONS FOR WAIVERS AND OTHER APPLICATIONS SHALL BE PROVIDED TO
 THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND  MEANS
 COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES, SIMULTANEOUSLY
 WITH THEIR SUBMISSION TO THE FEDERAL GOVERNMENT.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed four years after it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4656--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A. GOTTFRIED, McDONALD, STECK, BURDICK, GRIFFIN,
   FORREST, GALEF, FAHY -- read once and referred  to  the  Committee  on
   Health  --  committee  discharged,  bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the social services law, in relation to  establishing  a
   residential demonstration program for persons with advanced needs; 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. The social services law is amended by adding a new  section
 461-v to read as follows:
   §  461-V.  RESIDENTIAL DEMONSTRATION PROGRAM FOR PERSONS WITH ADVANCED
 NEEDS ESTABLISHED. 1. THE COMMISSIONER OF HEALTH (REFERRED  TO  IN  THIS
 SECTION  AS  THE  "COMMISSIONER")  SHALL  ESTABLISH A RESIDENTIAL DEMON-
 STRATION PROGRAM FOR PERSONS WITH ADVANCED NEEDS (REFERRED  TO  IN  THIS
 SECTION AS THE "PROGRAM") THAT SHALL, NOTWITHSTANDING SUBDIVISION SIX OF
 SECTION FOUR HUNDRED SIXTY-ONE-C OF THIS TITLE, PROVIDE MEDICAL, SOCIAL,
 AND  RESIDENTIAL  CARE  TO  PERSONS WITH DEMENTIA, SIGNIFICANT COGNITIVE
 DISEASE OR BEHAVIOR DISTURBANCES (AS  DEFINED  BY  NATIONALLY-RECOGNIZED
 PROFESSIONAL  STANDARDS) IN THE COUNTIES OF ALBANY, SCHENECTADY, SARATO-
 GA, AND OTHER COUNTIES AS APPROVED BY THE  COMMISSIONER.  TO  OPERATE  A
 FACILITY  IN THE PROGRAM, A FACILITY SHALL BE CERTIFIED TO OPERATE AS AN
 ADULT CARE FACILITY UNDER THIS TITLE AND APPLY AND BE  APPROVED  BY  THE
 COMMISSIONER UNDER THIS SECTION. FOR A FACILITY TO BE APPROVED UNDER THE
 PROGRAM, THE OPERATOR OF THE FACILITY SHALL PROVIDE THE FOLLOWING INFOR-
 MATION  TO  THE  COMMISSIONER,  ON  AN APPLICATION FORM DEVELOPED BY THE
 COMMISSIONER:
   (A) BUSINESS NAME, STREET ADDRESS, AND MAILING ADDRESS  OF  THE  RESI-
 DENCE AND OF THE OWNERS OF THE RESIDENCE;
   (B) STATUS OF CURRENT CERTIFICATE OF OPERATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08854-02-1
              

 A. 4656--A                          2
 
   (C)  VERIFICATION THAT THE OPERATOR HAS A VALID RESIDENCY AGREEMENT IN
 COMPLIANCE WITH THIS TITLE TO BE ENTERED INTO WITH EACH RESIDENT,  RESI-
 DENT'S  REPRESENTATIVE  AND RESIDENT'S LEGAL REPRESENTATIVE, IF ANY, AND
 SHALL INCLUDE A COPY OF THE INFORMATION TO BE INCLUDED IN THE  RESIDENCY
 AGREEMENT  AND  DISCLOSURES  AS  REQUIRED  UNDER THIS TITLE THAT WILL BE
 GIVEN TO PROSPECTIVE RESIDENTS; AND
   (D) ANY OTHER INFORMATION THE COMMISSIONER MAY REASONABLY DEEM  NECES-
 SARY  FOR THE EVALUATION OF THE APPLICATION, PROVIDED THE INFORMATION IS
 NOT DUPLICATIVE OF WHAT  IS  OTHERWISE  REQUIRED  OF  THE  APPLICANT  IN
 OBTAINING AN ADULT CARE FACILITY CERTIFICATE OF OPERATION.
   2. A FACILITY UNDER THE PROGRAM SHALL:
   (A) BE LIMITED TO NO MORE THAN TEN RESIDENTS, AND MAY INCLUDE AN ADDI-
 TIONAL TWO PERSONS PARTICIPATING IN ADULT DAYCARE;
   (B)  PROVIDE PROFESSIONAL MEDICAL AND NURSING SERVICES THROUGH EMPLOY-
 MENT OR CONTRACT; A PHYSICIAN SHALL BE  RESPONSIBLE  FOR  OVERSIGHT  AND
 SUPERVISION OF EACH FACILITY OPERATION;
   (C)  HAVE  ENTERED  INTO  A  MEMORANDUM OF UNDERSTANDING WITH REGIONAL
 GENERAL HOSPITALS AND NURSING HOMES FOR PATIENT TRANSFER AND CARE;
   (D) DEMONSTRATE THE ABILITY TO IMPROVE HEALTH CARE OUTCOMES OF PERSONS
 THROUGH PALLIATIVE CARE AND THE COORDINATION OF HEALTH CARE SERVICES;
   (E) DEMONSTRATE THE ABILITY TO ASSIST RESIDENTS WITH SEVERE  COGNITIVE
 AND BEHAVIORAL DYSFUNCTION CONSISTENT WITH THEIR DIAGNOSIS; AND
   (F)  ADOPT  AND MAKE PUBLIC A STATEMENT OF THE RIGHTS AND RESPONSIBIL-
 ITIES OF THE FACILITY RESIDENTS, AND THEIR LAWFUL REPRESENTATIVES, UNDER
 SECTION FOUR HUNDRED SIXTY-ONE-D OF THIS TITLE.
   3. THE DEMONSTRATION PROGRAM SHALL  DEVELOP  A  PLAN  TO  ADDRESS  THE
 ADVANCED  NEEDS OF PERSONS IN THE PROGRAM FACILITY SETTING FORTH HOW THE
 ADVANCED NEEDS OF SUCH RESIDENTS WILL BE SAFELY AND APPROPRIATELY MET AT
 SUCH RESIDENCE. SUCH PLAN SHALL INCLUDE:
   (A)  A WRITTEN DESCRIPTION OF SPECIALIZED SERVICES;
   (B) STAFFING LEVELS;
   (C) STAFF EDUCATION AND TRAINING INCLUDING TOPICS COVERING:
   (I) CHARACTERISTICS AND NEEDS OF PERSON WITH ALZHEIMER'S  DISEASE  AND
 DEMENTIA, INCLUDING BEHAVIORAL SYMPTOMS, AND MENTAL AND EMOTIONAL CHANG-
 ES;
   (II) PERSON-CENTERED CARE;
   (III) ASSESSMENT OF CARE PLANNING;
   (IV) ACTIVITIES TO DAILY LIVING;
   (V) DEMENTIA-RELATED BEHAVIORS AND COMMUNICATION; AND
   (VI) OTHER METHODS OF MEETING RESIDENTS' NEEDS ON AN INDIVIDUAL BASIS;
   (D)  WORK  EXPERIENCE OF INDIVIDUALS (OPERATOR'S STAFF OR CONTRACTORS)
 PROVIDING SERVICES TO RESIDENTS;
   (E) PROFESSIONAL AFFILIATIONS OR SPECIAL CHARACTERISTICS  RELEVANT  TO
 SERVING PERSONS WITH ADVANCED NEEDS; AND
   (F)  ANY ENVIRONMENTAL MODIFICATIONS THAT HAVE BEEN OR WILL BE MADE TO
 PROTECT THE HEALTH, SAFETY AND WELFARE OF SUCH PERSONS IN THE RESIDENCE.
   4. TWELVE MONTHS AFTER THE APPROVAL OF THE FIRST PROGRAM FACILITY, AND
 ANNUALLY THEREAFTER, THE PROGRAM FACILITY SHALL REPORT  TO  THE  COMMIS-
 SIONER ON THE PROGRESS OF THE PROGRAM IN A FORM AND MANNER DESIGNATED BY
 THE COMMISSIONER. SIX MONTHS PRIOR TO THE EXPIRATION OF THE PROGRAM, THE
 COMMISSIONER  SHALL REPORT ON THE PROGRAM TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF  THE
 SENATE  AND  ASSEMBLY  HEALTH  COMMITTEES,  AND  RECOMMEND  ITS POSSIBLE
 CONTINUANCE OR PERMANENCE.
   5. THE COMMISSIONER MAY SUBMIT THE APPROPRIATE APPLICATIONS FOR  WAIV-
 ERS AND OTHER APPLICATIONS, INCLUDING TO THE FEDERAL CENTER FOR MEDICARE

 A. 4656--A                          3
 
 AND  MEDICAID SERVICES, NECESSARY TO ACHIEVE THE PURPOSES OF HIGH QUALI-
 TY, INTEGRATED, AND COST EFFECTIVE CARE AND INTEGRATED FINANCIAL  ELIGI-
 BILITY POLICIES UNDER MEDICAID, CHILD HEALTH PLUS OR MEDICARE. COPIES OF
 THE APPLICATIONS FOR WAIVERS AND OTHER APPLICATIONS SHALL BE PROVIDED TO
 THE  CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS
 COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES, SIMULTANEOUSLY
 WITH THEIR SUBMISSION TO THE FEDERAL GOVERNMENT.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed four years after it shall have become a law.