NY State Senate Bill 2025-S5223

Senate Bill S5223

2025-2026 Legislative Session

Establishes a special needs assisted living program to serve persons with neurodegenerative diseases

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Current Bill Status - In Senate Committee Health 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
Feb 19, 2025	referred to health

co-Sponsors

2025-S5223 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §4655, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4546
2023-2024: S2161

2025-S5223 (ACTIVE) - Summary

Establishes a special needs assisted living program to serve residents of certified assisted living residences with neurodegenerative diseases, such as dementia or Parkinson's disease, who are experiencing behavior disturbances.

2025-S5223 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5223

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
special needs assisted living program to serve persons with neurodegen-
erative diseases

 
PURPOSE:

Establishes a special needs assisted living program to serve persons
with neurodegenerative diseases.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 4655 of the Public Health Law by adding a new
subdivision 7 as it relates to the establishment of a neurodegenerative
with behaviors enhanced special needs assisted living residence program,
which would 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.

This subdivision also provides that assisted living operators would
obtain certification as both an enhanced living residence and special
needs assisted living residence to participate in the program.

Subdivision (i) provides that each program would have physician over-
sight and supervision under contract with the site; provide nursing
services directly or under contract; and be limited to ten residential
beds and in addition can include two respite beds.

Subdivision (ii) provides that no more than five residents in need of
twenty-four-hour skilled nursing care or medical care which would other-
wise require placement in a hospital or nursing home would be admitted
per site.

Subdivision (iii) establishes admission requirements for program resi-
dents. Program residents must be admitted by the request of a lawful
representative of the resident; have been declined admission or readmis-
sion by: a nursing home; assisted living residence; enhanced assisted
living residence; or special needs assisted living residence; and a
physician or nurse practitioner must certify that the prospective resi-
dent can be safely cared for in the program.

Paragraph (b) requires the establishment of environmental safeguards
that are tailored to accommodate residents as determined by the super-
vising clinical team.

Paragraph (c) provides that the Department of Health may establish stan-
dards for the program including: ensuring the character and competence
of the applicant and contracting physician and compliance with applica-
ble laws, rules, and regulations; stabilization of behavior disturbances
and the provisions of palliative care; applicable experience of contract
and direct care staff in relation to the targeted population; person-
centered planning for resident care; and staff education and training.

Section 2 gives the effective date.

 
JUSTIFICATION:

This bill would establish a special needs assisted living program,
creating a demonstration residential program that provides medical,
nursing, and social support to persons with severe cognitive and behav-
ioral dysfunction and which would demonstrate the ability to improve
health care outcomes through palliative care and the coordination of
health care services.

The program would operate through 10 sites that are family-style resi-
dences with no more than 10 residents each, plus an additional two
persons participating in adult daycare. Each site must possess a certif-
icate of operation and maintain all resident rights and standards of
quality and performance as an Adult Care Facility under Title 2 of Arti-
cle 7 of the Social Services Law. Each resident would be cared for by
medical and nursing professionals under physician supervision and they
have entered into a memorandum of understanding with regional hospitals
and nursing homes in the event a transfer is required. This demon-
stration program is authorized for four years.

 
LEGISLATIVE HISTORY:

2021-2022: S4546-B Rivera /A4656-B Gottfried

2022-23: S2161-A Rivera/A7035-A Fahy - Vetoed memo. 100

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately.

2025-S5223 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5223
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2025
                                ___________
 
 Introduced  by  Sens.  RIVERA,  ASHBY, FERNANDEZ, GALLIVAN, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Health
 
 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.
                                                            LBD07046-01-5

 S. 5223                             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.

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Senate Bill S5223

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Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Jacob Ashby

Nathalia Fernandez

Patrick M. Gallivan

Lea Webb

2025-S5223 (ACTIVE) - Details

2025-S5223 (ACTIVE) - Summary

2025-S5223 (ACTIVE) - Sponsor Memo

2025-S5223 (ACTIVE) - Bill Text download pdf

Comments