NY State Senate Bill 2023-S8865

Senate Bill S8865

2023-2024 Legislative Session

Relates to quality improvement and increased consumer transparency in assisted living residences

download bill text pdf

Current Bill Status Via A5790 - Passed Senate

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	returned to assembly passed senate 3rd reading cal.1060 substituted for s8865
Jun 07, 2024	substituted by a5790b
May 16, 2024	advanced to third reading
May 15, 2024	2nd report cal.
May 14, 2024	1st report cal.1060
Mar 22, 2024	referred to aging

Votes

- Jun 7, 2024 - Floor Vote
  A5790
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Felder
      
      Walczyk
      
      The following Member(s) participated via videoconferencing: Cooney
  May 14, 2024 - Aging Committee Vote
  S8865
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: May 14, 2024
      
      aye (7)
      
      Ashby
      
      Brisport
      
      Cleare
      
      Felder
      
      May
      
      Rolison
      
      Serrano

2023-S8865 (ACTIVE) - Details

See Assembly Version of this Bill:: A5790
Law Section:: Public Health Law
Laws Affected:: Amd §4656, Pub Health L

2023-S8865 (ACTIVE) - Summary

Requires reporting and posting by assisted living facilities relating to quality measures and information concerning rates, rent, and service fees; requires a scoring system of the assisted living quality reporting.

2023-S8865 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8865

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law, in relation to  quality improve-
ment  and increased consumer transparency in assisted living residences

 
PURPOSE OR GENERAL IDEA OF BILL:

To improve the quality of assisted living residences through increased
reporting. The proposal would also mandate the posting of information
which would allow consumers to compare facilities. There will also be a
rating system developed on quality measures.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill amends Public Health Law section 4656 by adding two subdivi-
sions. Section one requires all assisted living residences to report
annually on quality measures. The quality measures will be developed by
the Department of Health in consultation with the industry and consumer
representatives. The long-term care ombudsman or her/his representative

would be consulted as well. The first report will be due no later than
January fifteenth, two thousand twenty-five. In addition, this section
requires the posting of specific information. The information will be
posted in a conspicuous place on the facility's website and in a public
space within the facility. Such information shall be reported to the
Department beginning on October first twenty-four. The Department will
also develop a system to score the results of the assisted living quali-
ty reporting system. Facilities that score in the top quartile shall be
granted an advanced standing classification which grants them a general
inspection every eighteen months instead of the standard twelve months.
Complaint investigations, surveys and/or investigations will not be
affected by the advanced standing classification. No later than February
fifteenth, two thousand twenty- five, the Department will report to the
legislature on the development of a quality scoring system for adult
care facilities such as enriched housing and adult homes. A new subdivi-
sion is created to allow assisted living residences to seek accredi-
tation.

The bill is effective on the ninetieth day after it shall become a law.

 
JUSTIFICATION:

The additional of a quality reporting system for assisted living resi-
dences (ALRs) has the potential to dramatically increase quality for
consumers.

Since ALRs are not regulated at the federal level they are not included
in prior quality efforts like the five-star system for nursing homes.
This system will be transparent and focus on agreed upon measures. The
bill also requires standard consumer friendly information on rates and
service fees. This will allow consumers and their families to compare
costs and services across different assisted living facilities. This
legislation mandates that promulgation of regulations to effectuate all
the provisions. The regulatory process will allow all interested parties
to weigh in on the specific elements of the new law.

 
PRIOR LEGISLATIVE HISTORY:
New bill for the 2023-24 session

 
FISCAL IMPLICATIONS:

None; This bill could be accomplished within the current resources of
the Department of Health.

 
EFFECTIVE DATE:
30th Day

2023-S8865 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8865
 
                             I N  S E N A T E
 
                              March 22, 2024
                                ___________
 
 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  quality  improve-
   ment    and  increased  consumer transparency in assisted living resi-
   dences
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions 7 and 8 of section 4656 of the public health
 law, as added by chapter 2 of the laws of 2004, are renumbered  subdivi-
 sions  9  and  10  and two new subdivisions 7 and 8 are added to read as
 follows:
    7. (A) ALL ASSISTED LIVING RESIDENCES, AS DEFINED IN SUBDIVISION  ONE
 OF  SECTION FORTY-SIX HUNDRED FIFTY-ONE OF THIS ARTICLE, INCLUDING THOSE
 LICENSED AND CERTIFIED AS AN ASSISTED LIVING  RESIDENCE,  SPECIAL  NEEDS
 ASSISTED LIVING RESIDENCE, OR ENHANCED ASSISTED LIVING RESIDENCE, SHALL:
   (I)  REPORT  ANNUALLY  ON  QUALITY  MEASURES  TO BE ESTABLISHED BY THE
 DEPARTMENT, IN CONSULTATION WITH INDUSTRY AND CONSUMER  REPRESENTATIVES,
 INCLUDING  THE  LONG-TERM CARE OMBUDSMAN OR THEIR REPRESENTATIVE, IN THE
 FORM AND FORMAT PRESCRIBED BY THE DEPARTMENT, WITH THE FIRST REPORT  DUE
 NO LATER THAN JANUARY FIFTEENTH, TWO THOUSAND TWENTY-FIVE; AND
   (II)  POST  INFORMATION,  INCLUDING THE STARTING MONTHLY SERVICE RATE,
 RANGE FOR STARTING RENT, APPROVED ADMISSION OR RESIDENCY AGREEMENT,  AND
 A  CONSUMER-FRIENDLY  SUMMARY  OF  ALL SERVICE FEES, THROUGH A REPORTING
 SYSTEM TO BE DEVELOPED BY THE DEPARTMENT, IN CONSULTATION WITH  INDUSTRY
 AND  CONSUMER  REPRESENTATIVES,  THAT  TAKES INTO ACCOUNT DIFFERENCES IN
 LICENSURE AND CERTIFICATION, SERVICES,  AGREEMENTS  AND  FEE  STRUCTURES
 ACROSS  FACILITIES.  SUCH  INFORMATION  SHALL BE POSTED IN A CONSPICUOUS
 PLACE ON THE FACILITY'S WEBSITE AND IN A PUBLIC SPACE WITHIN THE FACILI-
 TY AND SHALL BE MADE AVAILABLE TO THE PUBLIC ON FORMS DEVELOPED  BY  THE
 DEPARTMENT.  BEGINNING  ON OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, THIS
 INFORMATION SHALL ALSO BE REPORTED TO THE DEPARTMENT.
   (B) THE DEPARTMENT SHALL DEVELOP A SYSTEM TO SCORE THE RESULTS OF  THE
 ASSISTED  LIVING QUALITY REPORTING OBTAINED PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION, IN CONSULTATION WITH INDUSTRY AND  CONSUMER  REPRESEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10164-04-4
 S. 8865                             2
 
 TATIVES.  FACILITIES  SCORING  IN  THE TOP QUARTILE SHALL BE GRANTED THE
 CLASSIFICATION OF ADVANCED STANDING ON THEIR ANNUAL SURVEILLANCE  SCHED-
 ULES.
   (I)  NOTWITHSTANDING  SUBPARAGRAPH ONE OF PARAGRAPH (A) OF SUBDIVISION
 TWO OF SECTION FOUR HUNDRED SIXTY-ONE-A  OF  THE  SOCIAL  SERVICES  LAW,
 FACILITIES  ACHIEVING  AN  ADVANCED  STANDING  CLASSIFICATION  SHALL  BE
 SURVEYED EVERY EIGHTEEN MONTHS. ALL OTHER FACILITIES SHALL  BE  SURVEYED
 ON  AN  UNANNOUNCED BASIS NO LESS THAN ANNUALLY; PROVIDED, HOWEVER, THAT
 THIS SHALL NOT APPLY TO SURVEYS, INSPECTIONS OR INVESTIGATIONS BASED  ON
 COMPLAINTS RECEIVED BY THE DEPARTMENT UNDER ANY OTHER PROVISION OF LAW.
   (II)   FACILITIES  MAY  REMAIN  ON  ADVANCED  STANDING  CLASSIFICATION
 PROVIDED THEY MEET THE SCORING REQUIREMENTS IN ASSISTED  LIVING  QUALITY
 REPORTING  AND  UNTIL  SUCH  TIME  WHEN  THEY  DO  NOT MEET SUCH SCORING
 REQUIREMENTS.
   (C) EFFECTIVE JANUARY  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FIVE,  THE
 DEPARTMENT  SHALL POST ON ITS WEBSITE THE RESULTS OF THE ASSISTED LIVING
 QUALITY REPORTING, COLLECTED PURSUANT TO SUBPARAGRAPH (I)  OF  PARAGRAPH
 (A) OF THIS SUBDIVISION.
   (D)  NO  LATER  THAN FEBRUARY FIFTEENTH, TWO THOUSAND TWENTY-FIVE, THE
 DEPARTMENT SHALL REPORT TO THE LEGISLATURE ON THE DEVELOPMENT OF A QUAL-
 ITY SCORING SYSTEM FOR ADULT CARE FACILITIES, INCLUDING ADULT HOMES  AND
 ENRICHED HOUSING PROVIDERS. SUCH REPORT SHALL EXAMINE THE SPECIFIC QUAL-
 ITY MEASURES RECOMMENDED AND A PROCESS FOR INFORMATION COLLECTION.
   8.  (A)  ASSISTED  LIVING RESIDENCES, AS DEFINED IN SUBDIVISION ONE OF
 SECTION FORTY-SIX HUNDRED FIFTY-ONE OF  THIS  ARTICLE,  INCLUDING  THOSE
 LICENSED  AND  CERTIFIED  AS AN ASSISTED LIVING RESIDENCE, SPECIAL NEEDS
 ASSISTED LIVING RESIDENCE, OR ENHANCED ASSISTED  LIVING  RESIDENCE,  MAY
 SEEK ACCREDITATION BY AGENCIES DETERMINED BY THE COMMISSIONER.
   (B)  SUCH ACCREDITATION AGENCIES SHALL REPORT DATA AND INFORMATION, IN
 A MANNER AND FORM AS DETERMINED BY THE DEPARTMENT, PERTAINING  TO  THOSE
 ASSISTED  LIVING  RESIDENCES  ACCREDITED  BY  SUCH  AGENCIES,  AND THOSE
 ASSISTED LIVING RESIDENCES WHICH OBTAIN BUT LOSE SUCH ACCREDITATION.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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