S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7035--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M. of A. 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 public health law, in relation to establishing a
   special needs assisted living program to serve persons  with  neurode-
   generative diseases

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4655 of the public health law, as added by  chapter
 2  of the laws of 2004, is amended by adding a new subdivision 7 to read
 as follows:
   7. (A) THE DEPARTMENT SHALL ESTABLISH A NEURODEGENERATIVE WITH  BEHAV-
 IORS  ENHANCED  SPECIAL NEEDS ASSISTED LIVING RESIDENCE PROGRAM TO SERVE
 RESIDENTS OF CERTIFIED ASSISTED LIVING RESIDENCES WITH NEURODEGENERATIVE
 DISEASES (SUCH AS ALZHEIMER'S DEMENTIA, LEWY BODY DEMENTIA, FRONTAL LOBE
 DEMENTIA,  AND  PARKINSON'S  DISEASE)  WITH  BEHAVIOR  DISTURBANCES,  AS
 DEFINED  BY THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS OR
 THE INTERNATIONAL CLASSIFICATIONS OF DISEASES.  TO  PARTICIPATE  IN  THE
 PROGRAM, ASSISTED LIVING OPERATORS SHALL OBTAIN CERTIFICATION AS BOTH AN
 ENHANCED  ASSISTED  LIVING  RESIDENCE  AND SPECIAL NEEDS ASSISTED LIVING
 RESIDENCE.
   (I) EACH PROGRAM WILL HAVE PHYSICIAN OVERSIGHT AND  SUPERVISION  UNDER
 CONTRACT  WITH  THE  SITE;  PROVIDE  NURSING  SERVICES DIRECTLY OR UNDER
 CONTRACT; AND BE LIMITED TO TEN RESIDENTIAL BEDS  PER  PROGRAM,  AND  IN
 ADDITION MAY INCLUDE TWO RESPITE BEDS.
   (II)  THERE  SHALL  BE  NO MORE THAN FIVE RESIDENTS PER SITE WHO, UPON
 ADMISSION, ARE IN NEED  OF  TWENTY-FOUR-HOUR  SKILLED  NURSING  CARE  OR
 MEDICAL  CARE  WHICH  WOULD OTHERWISE REQUIRE PLACEMENT IN A HOSPITAL OR
 NURSING HOME.
   (III) ALL PROGRAM RESIDENTS MUST BE AN ADMISSION REQUESTED BY A LAWFUL
 REPRESENTATIVE OF THE RESIDENT OR HAVE BEEN DECLINED ADMISSION OR  READ-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02675-04-3
              

 A. 7035--A                          2
 
 MISSION BY: A NURSING HOME; ASSISTED LIVING RESIDENCE; ENHANCED ASSISTED
 LIVING  RESIDENCE;  OR SPECIAL NEEDS ASSISTED LIVING RESIDENCE. IN ADDI-
 TION, A PHYSICIAN OR NURSE PRACTITIONER MUST CERTIFY THAT  THE  PROSPEC-
 TIVE RESIDENT CAN BE SAFELY CARED FOR IN THE PROGRAM.
   (B)  THE  PROGRAM  SHALL  ESTABLISH  ENVIRONMENTAL SAFEGUARDS THAT ARE
 TAILORED TO ACCOMMODATE RESIDENTS BASED UPON NEEDS AS DETERMINED BY  THE
 SUPERVISING  PHYSICIAN  AND  MAY  ALLOW  A REGISTERED NURSE TO EVALUATE,
 ASSESS AND EXECUTE PHYSICIAN ORDERS.
   (C) IN ADDITION TO APPLICABLE STATUTORY AND  REGULATORY  REQUIREMENTS,
 THE DEPARTMENT MAY ESTABLISH STANDARDS FOR THE PROGRAM, INCLUDING:
   (I) ENSURING CHARACTER AND COMPETENCE OF THE APPLICANT AND CONTRACTING
 PHYSICIAN AND COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS;
   (II)  STABILIZATION  OF  BEHAVIOR  DISTURBANCES  AND  THE PROVISION OF
 PALLIATIVE CARE;
   (III) APPLICABLE EXPERIENCE OF  CONTRACT  AND  DIRECT  CARE  STAFF  IN
 RELATION TO THE TARGETED POPULATION;
   (IV) PERSON-CENTERED PLANNING FOR RESIDENT CARE; AND
   (V)  STAFF  EDUCATION  AND  TRAINING,  WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (A) CHARACTERISTICS AND NEEDS OF PERSONS WITH ALZHEIMER'S DISEASE  AND
 DEMENTIA  INCLUDING BEHAVIORAL SYMPTOMS, AND MENTAL AND EMOTIONAL CHANG-
 ES;
   (B) ASSESSMENT OF CARE OUTCOMES;
   (C) APPROPRIATE ACTIVITIES OF DAILY LIVING;
   (D) DEMENTIA-RELATED BEHAVIORS AND COMMUNICATION LIMITATIONS;
   (E) OTHER METHODS OF MEETING RESIDENTS' NEEDS ON AN INDIVIDUAL BASIS;
   (F) USE AND OPERATION OF ENVIRONMENTAL MODIFICATIONS THAT PROTECT  THE
 HEALTH AND SAFETY OF THE RESIDENTS; AND
   (G) ATTAINING PROFESSIONAL AFFILIATION OR SPECIAL QUALIFICATIONS RELE-
 VANT TO SERVING PERSONS WITH ADVANCED NEEDS.
   § 2. This act shall take effect immediately.