NY State Senate Bill 2023-S8770

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2024	referred to aging

co-Sponsors

2023-S8770 (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Add §4625, Pub Health L

2023-S8770 (ACTIVE) - Summary

Establishes a continuing care retirement community bill of rights; requires the commissioner of health to designate a county ombudsman to monitor such bill of rights.

2023-S8770 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8770

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
continuing care retirement community bill of rights

 
PURPOSE:

This bill would create a continuing care retirement community bill of
rights to protect residents and provide them with avenues for active
participation in their community.

 
SUMMARY OF PROVISIONS:

Section 1: amends the public health law to create a new section 4625:

Subsection 1: Mandates that every continuing care retirement community
(CCRC) adopt, implement, and distribute to their residents the CCRC bill
of rights, which outlines residents' rights to the following:

a. The right to expect CCRC management to fulfill the duties outlined in
their contract agreement. Residents shall also have the right to evalu-
ate the execution of the services outlined in their contract agreement
through a survey distributed by a residents' association.  The results
of the survey and the contract language itself must be made available
for residents to review.

b. The right to form a residents' association that will represent resi-
dents' interests to the CCRC administration and governing board.

c. The right to freely assemble with or without the participation of
management or staff in order to facilitate open communication around
issues relating to the CCRC.

d. The right to select and appoint at least 3 members to the CCRC
governing board who will have the same rights and obligations as other
board members.

e. The right to receive regular updates on the actions and deliberations
of the board from their appointed representatives.  Committee meetings
must also be made open to residents or their representatives except as
prohibited by state or federal regulations, or in the case that person-
nel and personal health issues are the subject of discussion.

f. The right to be informed on a semi-annual basis of significant issues
of management pertinent to residents' financial and personal well-being,
limited only by explicitly defined policies of confidentiality.

g. The right to full disclosure of the finances of the corporation,
presented at least on an annual basis, including, but not limited to,
periodic reports from an actuary on the financial future of the corpo-
ration and notice when the sale of the community is under consideration.

h. The right to review a plain English list of all the services guaran-
teed in the contract and all the services offered (but that may be
subject to modification or withdrawal) before the resident signs the
contract.
i. The right to visit the assisted living and skilled nursing facili-
ties, as well as amenities associated with independent living, before
signing a contract.

j. The right to be informed of and comment on any potential changes to
the delivery of services, including but not limited to, changes in the
required staffing level of administration or the required credentialing
of healthcare, food service, or facility maintenance staff.

k. The right to at least one months' notice with respect to planned
changes in fees and the opportunity to comment to the CCRC governing
board on prospective fee changes. 1. The right to participate in the
governance of the residents' association.

m. The right to raise issues surrounding personal wellbeing and partic-
ipation in community life and governance, as well as to advocate for
issues of concern to management and the CCRC governing board.

n. The right to establish informal activities of any kind as long as
they do not infringe on the wellbeing of other residents or the opera-
tion of the community as a whole and do not require residents' associ-
ation funds.

o. The right to organize and seek approval of committees and activities
that require use of community facilities or residents' association fund-
ing.

p. The right to access the benefits of the community regardless of iden-
tity or past or present advocacy within the community or outside the
community.

q. The right to select and furnish, based on availability and the resi-
dent's financial capability, an independent living apartment.

r. The right to fully participate in discussions about moving to an
assisted living facility or skilled nursing unit. Family members desig-
nated by residents shall also have the right to be informed of the resi-
dent's care plan. Residents and their designees have the right to refuse
treatment or medication.

Subsection 2. Directs the Department of Health to appoint an ombudsman
for each county in the state and to promulgate regulations to provide
guidance and regulatory authority to the ombudsman.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

New York is home to 12 continuing care retirement communities across the
state. These communities provide vital services to the thousands of
seniors that they serve. As of 2024, 18.1% of the state's population is
over 65 years old. As New York's population grows older, providing
dignified and competent care to elder New Yorkers will require new stra-
tegies.  With New York's nursing homes and assisted living facilities
already stretched thin, CCRCs will be asked to manage more of the aging
population. An increase in usage must be accompanied by an increase in
protection for residents of these communities. That is why a CCRC bill
of rights is so vital.
CCRCs provide essential services to thousands of New Yorkers. However,
these services come with a hefty price tag. The entrance fee for any
CCRC in New York starts at $115,000 and only goes up from there, with
the nationwide average for entrance fees sitting at around $400,000.  On
top of this, residents must also pay a monthly fee that bottoms out at
$2,100. These high costs must come with a state-backed set of rights.
Residents deserve to have input on the direction of their community and
to be informed about any significant changes that will affect them.
Elders want to be active participants in the governance and operation of
their communities, and they need the proper access and information to do
so.

New York already struggles to prevent people from leaving the state to
retire. Whether it is a result of the colder climate or the higher cost
of living, it can be difficult for some to commit to settling down for
retirement in the state. One way to make it easier for elders to feel
comfortable staying in New York is to do what many other states have
done and enshrine in law rights and privileges for those choosing CCRCs.
Some of these states that have gone above and beyond to establish a bill
of rights for CCRC residents include Connecticut, Virginia, and New
Jersey. Following suit would create a more welcoming environment for
elders from across the country and help to prevent the exodus of retired
New Yorkers out of the state.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8770 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8770
 
                             I N  S E N A T E
 
                               March 8, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  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  a
   continuing care retirement community bill of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 4625 to read as follows:
   §  4625. CONTINUING CARE RETIREMENT COMMUNITY BILL OF RIGHTS. 1. EVERY
 CONTINUING CARE RETIREMENT COMMUNITY (CCRC) SHALL ADOPT,  IMPLEMENT  AND
 DISTRIBUTE  TO RESIDENTS THE FOLLOWING CONTINUING CARE RETIREMENT COMMU-
 NITY BILL OF RIGHTS. ALL RESIDENTS OF CCRCS SHALL HAVE THE RIGHT TO:
   A. EXPECT FULL, PROMPT AND COMPLETE FULFILLMENT BY THE CCRC'S  MANAGE-
 MENT  OF  THOSE  SERVICES DELINEATED IN THEIR CONTRACTS AND OTHER AFFIL-
 IATED CONTRACTS. AN ANNUAL SURVEY OF SUCH SERVICES WITH AN EVALUATION OF
 THEIR FULFILLMENT SHALL BE IMPLEMENTED  BY  THE  RESIDENTS'  ASSOCIATION
 WITH RESULTS DISTRIBUTED TO RESIDENTS. CONTRACTS APPROVED BY THE MANAGE-
 MENT OF THE CCRC SHALL BE AVAILABLE FOR INSPECTION BY RESIDENTS OR THEIR
 DESIGNATED REPRESENTATIVES;
   B. ESTABLISH, ORGANIZE, FUND, DEVELOP BY-LAWS FOR, AND OPERATE A RESI-
 DENTS'  ASSOCIATION  WHOSE  PURPOSES  INCLUDE,  BUT  ARE NOT LIMITED TO,
 REPRESENTING THE INTERESTS OF THE RESIDENTS TO  THE  ADMINISTRATION  AND
 THE CCRC'S CORPORATE GOVERNING BOARD;
   C.  FREELY  ASSEMBLE,  WITH OR WITHOUT THE PARTICIPATION OF MANAGEMENT
 AND STAFF AS THE RESIDENTS IN THEIR JUDGMENT DEEM ADVISABLE, TO  ENHANCE
 COMMUNICATION  AND  INFORMATION-SHARING  AMONG  THE  RESIDENTS,  AND  TO
 PROMOTE ACTIVE LEARNING AND DISCUSSION OF ISSUES FACING THE CCRC  COMMU-
 NITY;
   D.  SELECT  AND APPOINT, IN ACCORDANCE WITH THE RESIDENT ASSOCIATION'S
 OWN BY-LAWS, AT LEAST THREE MEMBERS OF THE  CCRC'S  CORPORATE  GOVERNING
 BOARD,  WHO  HAVE  RIGHTS  AND  DUTIES COMMENSURATE WITH THE OTHER BOARD
 MEMBERS;
   E. RECEIVE REGULARLY SCHEDULED REPORTS FROM THE  ASSOCIATION-APPOINTED
 GOVERNING  BOARD  MEMBERS  ABOUT  THE BOARD'S DELIBERATIONS, ACTIONS AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14783-01-4
 S. 8770                             2
 
 POLICIES. RESIDENTS HAVE A RIGHT TO A CORPORATE  GOVERNING  BOARD  EVERY
 MEMBER OF WHICH ACKNOWLEDGES THEIR FIDUCIARY RESPONSIBILITY TO THE RESI-
 DENTS.  ALL CORPORATE BOARD AND CORPORATE BOARD COMMITTEE MEETINGS SHALL
 BE  OPEN TO ANY RESIDENT OR THEIR REPRESENTATIVE WISHING TO ATTEND WITH-
 OUT FEAR OF REPRISAL EXCEPT FOR MEETINGS CLOSED IN ACCORDANCE WITH STATE
 OR FEDERAL STATUTES AND REGULATIONS. MEETINGS SHALL BE CLOSED  ONLY  FOR
 DISCUSSION OF PERSONNEL OR PERSONAL HEALTH ISSUES;
   F.  BE  KEPT  INFORMED  BY  THE ADMINISTRATION, ON A SEMIANNUAL BASIS,
 ABOUT ALL SIGNIFICANT ISSUES OF MANAGEMENT WHICH DIRECTLY  AFFECT  RESI-
 DENTS'  WELL-BEING  OR  THEIR  FINANCIAL INVESTMENT, OR ANY ISSUES ABOUT
 WHICH RESIDENTS ARE CONCERNED, LIMITED ONLY BY NECESSARY AND  EXPLICITLY
 DEFINED POLICIES OF CONFIDENTIALLY AND PRIVACY;
   G.  FULL  DISCLOSURE  OF THE FINANCES OF THE CORPORATION, PRESENTED AT
 LEAST ON AN ANNUAL BASIS. IN CASES WHERE A COMMUNITY IS A  MEMBER  OF  A
 CONSORTIUM OF COMMUNITIES, RESIDENTS HAVE THE RIGHT TO BE FULLY INFORMED
 OF  THE  FINANCES OF BOTH THEIR LOCAL COMMUNITY AND OF THE PARENT CORPO-
 RATION. CCRC RESIDENTS  HAVE  THE  RIGHT  TO  RECEIVE  PERIODIC  WRITTEN
 REPORTS  FROM  A  DULY CERTIFIED ACTUARY AFFIRMING THAT SUFFICIENT FUNDS
 WILL BE AVAILABLE FOR THE FUTURE LIKELY  NEEDS  OF  THE  RESIDENT  POPU-
 LATION.   RESIDENTS HAVE THE RIGHT TO BE INFORMED IN ADVANCE IF ANY SALE
 OF THE COMMUNITY TO ANOTHER OPERATOR OR PROVIDER COMES  UNDER  CONSIDER-
 ATION;
   H.  A PLAIN ENGLISH LIST OF THOSE SERVICES GUARANTEED BY THE CONTRACT,
 AS WELL AS A LIST OF THOSE SERVICES OFFERED BY THE CCRC BUT NOT  GUARAN-
 TEED  IN  THE  CONTRACT  (AND  WHICH MAY BE MODIFIED OR WITHDRAWN AT THE
 DISCRETION OF THE MANAGEMENT OR CORPORATE GOVERNING BOARD), PROVIDED  TO
 ALL  PROSPECTIVE  RESIDENTS  PRIOR  TO  THEIR  BEING  ASKED  TO SIGN THE
 CONTRACT;
   I. VISIT THE ASSISTED LIVING AND SKILLED NURSING FACILITIES,  AS  WELL
 AS  ALL THE AMENITIES ASSOCIATED WITH INDEPENDENT LIVING, BEFORE SIGNING
 A CONTRACT;
   J. BE INFORMED IN ADVANCE OF, AND BE GIVEN AN OPPORTUNITY  TO  COMMENT
 ON,  CHANGES  IN THE DELIVERY OF SERVICES, INCLUDING CHANGES IN STAFFING
 LEVELS IN ITS ADMINISTRATIVE AND  SERVICE  DEPARTMENTS  AND  CHANGES  IN
 STAFF  CREDENTIALING  REQUIREMENTS  IN  AREAS  SUCH AS HEALTH CARE, FOOD
 SERVICE, AND FACILITIES MAINTENANCE.  SUCH  NOTICE  SHALL  BE  GIVEN  IN
 ADVANCE OF IMPLEMENTATION WITH SUFFICIENT TIME FOR RESIDENTS TO RESPOND;
   K.  BE  INFORMED, AT LEAST A MONTH IN ADVANCE OF IMPLEMENTATION, ABOUT
 ANY CHANGE IN FEES, AND HAVE THE OPPORTUNITIES TO COMMENT ON SUCH CHANG-
 ES TO MANAGEMENT AND TO THE GOVERNING BOARD. THE CCRC MANAGEMENT  AND/OR
 CORPORATE BOARD SHALL RESPOND WITH WRITTEN RESPONSES TO RESIDENTS;
   L.  PARTICIPATE  DIRECTLY  IN THE GOVERNANCE OF THE RESIDENTS' ASSOCI-
 ATION THROUGH COMMUNICATION, DISCUSSION,  AND  DECISION-MAKING  IN  OPEN
 MEETINGS,  THROUGH MEMBERSHIP IN ASSOCIATION COMMITTEES, AND THROUGH THE
 ELECTION OF OFFICERS AND MEMBERS OF THE RESIDENT ASSOCIATION'S OWN BOARD
 OF DIRECTORS, IN ACCORDANCE WITH BY-LAWS;
   M. RAISE ISSUES CONCERNING THEIR  OWN  WELL-BEING,  THEIR  QUALITY  OF
 LIFE,  AND  THE  SUFFICIENCY  OF THEIR INVOLVEMENT IN COMMUNITY LIFE AND
 GOVERNANCE, AND TO ADVOCATE OPENLY FOR ISSUES OF CONCERN TO THEM  TO  BE
 DISCUSSED  AND  DEALT  WITH  BY THE RESIDENTS' ASSOCIATION, THE ADMINIS-
 TRATION, AND THE GOVERNING BOARD AS APPROPRIATE;
   N. ESTABLISH AND OPERATE INFORMAL ACTIVITIES OF ANY KIND, SO  LONG  AS
 THEY  DO  NOT IMPACT NEGATIVELY ON THE LIVES OF OTHERS, VIOLATE THE LAW,
 INTERFERE WITH OTHER ACTIVITIES IN COMMUNITY SPACE  AND  FACILITIES,  OR
 REQUIRE RESIDENT ASSOCIATION FUNDS;
 S. 8770                             3

   O.  ORGANIZE  AND  SEEK  RESIDENTS'  ASSOCIATION  RECOGNITION OF A NEW
 COMMITTEE OR OTHER RESIDENT ACTIVITY NEEDING  COMMUNITY  FACILITIES,  OR
 RESIDENTS' ASSOCIATION FUNDS;
   P. ALL THE BENEFITS OF LIVING IN COMMUNITY, INCLUDING ALL THE SERVICES
 AND  AMENITIES ON OFFER, AND ALL REGULATIONS APPLYING TO COMMUNITY LIFE,
 PROVIDED AND ENFORCED IMPARTIALLY AND WITHOUT PREJUDICE, REGARDLESS OF A
 RESIDENT'S AGE, GENDER, RELIGION, RACE,  ECONOMIC  STATUS,  PROFESSIONAL
 BACKGROUND,  SEXUAL  ORIENTATION, PAST OR PRESENT ADVOCACY OF ISSUES AND
 POLICIES APPLYING TO COMMUNITY LIFE  AND  GOVERNANCE,  PAST  OR  PRESENT
 ACTIVISM  IN  THE POLITY OUTSIDE OF THE RETIREMENT COMMUNITY, OR PAST OR
 PRESENT SERVICE ON BOARDS OR COMMITTEES;
   Q. SELECT, BASED ON AVAILABILITY AND THE RESIDENT'S  FINANCIAL  QUALI-
 FICATIONS,  AN INDEPENDENT LIVING APARTMENT OF THE RESIDENT'S CHOICE AND
 TO APPOINT AND FURNISH IT TO THE RESIDENT'S TASTE, WITHIN THE PROVISIONS
 OF THE LIFE-CARE CONTRACT AND FIRE AND SAFETY REGULATIONS; AND
   R. PARTICIPATE AS FULLY AND MEANINGFULLY AS POSSIBLE WHEN THE NEED  TO
 MOVE  TO AN ASSISTED LIVING FACILITY OR SKILLED NURSING UNIT COMES UNDER
 DISCUSSION. FAMILY MEMBERS DESIGNATED BY THE  RESIDENT  SHALL  HAVE  THE
 RIGHT  TO  BE  KEPT  INFORMED OF THE RESIDENT'S CONDITION AND CARE PLAN.
 RESIDENTS OR THEIR DESIGNATED MEDICAL PROXIES SHALL HAVE  THE  RIGHT  TO
 REFUSE MEDICATIONS AND TREATMENTS.
   2.  THE  COMMISSIONER  SHALL DESIGNATE AN OMBUDSMAN FOR EACH COUNTY TO
 MONITOR THE BILL OF RIGHTS ESTABLISHED BY THIS  SECTION  AND  ANY  OTHER
 REGULATIONS  CONCERNING  RESIDENCE  IN INDEPENDENT LIVING AT A CCRC. THE
 COMMISSIONER SHALL PROMULGATE REGULATIONS PROVIDING DIRECTION AND  REGU-
 LATORY AUTHORITY TO THE OMBUDSMAN. RESIDENTS AND/OR THEIR FAMILY MEMBERS
 OR  REPRESENTATIVES SHALL HAVE THE RIGHT TO CONTACT THEIR COUNTY OMBUDS-
 MAN WITH COMPLAINTS, COMPLIMENTS, AND/OR COMMENTS WITHOUT  PREJUDICE  OR
 RECRIMINATION.  RECORDS OF THE CONTACTS MADE UNDER THE OMBUDSMAN PROGRAM
 SHALL BE A MATTER OF PUBLIC RECORD AND AVAILABLE ON REQUEST.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S8770

Sponsored By

Current Bill Status - In Senate Committee Aging Committee

co-Sponsors

2023-S8770 (ACTIVE) - Details

2023-S8770 (ACTIVE) - Summary

2023-S8770 (ACTIVE) - Sponsor Memo

2023-S8770 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8770

Share this bill

Sponsored By

Sean M. Ryan

Current Bill Status - In Senate Committee Aging Committee

co-Sponsors

Pete Harckham

2023-S8770 (ACTIVE) - Details

2023-S8770 (ACTIVE) - Summary

2023-S8770 (ACTIVE) - Sponsor Memo

2023-S8770 (ACTIVE) - Bill Text download pdf

Comments