S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2161--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA, FERNANDEZ, WEBB -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   -- reported favorably from said committee and committed to the Commit-
   tee   on  Finance  --  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02675-03-3
              

 S. 2161--A                          2
 
   (III) ALL PROGRAM RESIDENTS MUST BE AN ADMISSION REQUESTED BY A LAWFUL
 REPRESENTATIVE  OF THE RESIDENT OR HAVE BEEN DECLINED ADMISSION OR READ-
 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.