NY State Senate Bill 2023-S714

Senate Bill S714

2023-2024 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

Current 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
Jan 03, 2024	referred to aging
Jan 06, 2023	referred to aging

2023-S714 (ACTIVE) - Details

See Assembly Version of this Bill:: A8401
Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Amd §4651, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10243
2017-2018: A6341
2019-2020: A5158
2021-2022: A3626

2023-S714 (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.

2023-S714 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S714

SPONSOR: CLEARE
 
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 OR GENERAL IDEA OF BILL:

The purpose of this bill is to clarify that individuals living in inde-
pendent senior housing have the same right to access and obtain services
as any other 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 their
ability to live independently in the community.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would clarify that residents living in independent senior
housing can obtain the same assistive technologies, personal care, and
home care services as they could if they were living in any other

private home. Additionally it would clarify that a licensed or certified
home care agency, personal care program, long term home health care
program, or managed long term care program is able to perform outreach
to residents of independent senior housing as well as arrange for and
provide home care services to such residents.  Finally, it would clarify
what services the independent senior housing operator may provide and
includes a conflict of interest provision regarding third party refer-
rals.

 
JUSTIFICATION:

The complexity of state statutes and regulations has caused confusion
with regard to the rights and opportunities of residents residing in
independent senior housing to choose and access services which would be
available to such individuals if they resided in their own homes.  Resi-
dents 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 to choose
to remain in independent senior housing and select their own health care
and supportive services are critical components of these laws and poli-
cies. Ensuring access to such services is also in furtherance of New
York State policy of promoting access to community living and communi-
ty-based services that maintain the health and quality of life of senior
citizens and prevent avoidable and costly admission to medical and other
institutional-type facilities.

 
PRIOR LEGISLATIVE HISTORY:

2015-16:A.10243 Referred to Rules S.2276

2017-18:A.6341 Referred to Aging - S.535 Young

2019-20 A.5158 Referred to Aging; No same as

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S714 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    714
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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.
                                                            LBD03650-01-3
 S. 714                              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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