S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    762
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to  quality  improve-
   ment and increased consumer transparency in assisted living residences

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section 4656 of the public health law,  as
 added  by  a chapter of the laws of 2024, amending the public health law
 relating to quality improvement and increased consumer  transparency  in
 assisted  living residences, as proposed in legislative bills numbers S.
 8865 and A. 5790-B, is amended 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] APRIL 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] JANUARY first, two thousand [twenty-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02841-02-5
 S. 762                              2

 four] TWENTY-FIVE, 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-
 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] APRIL 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]  DECEMBER  THIRTY-FIRST,  two
 thousand  twenty-five, the department shall report to the legislature on
 the development of a quality scoring system for adult  care  facilities,
 including  adult homes and enriched housing providers. Such report shall
 examine the specific quality measures  recommended  and  a  process  for
 information collection.
   § 2. This act shall take effect on the same day and in the same manner
 as  a chapter of the laws of 2024, amending the public health law relat-
 ing to  quality  improvement  and  increased  consumer  transparency  in
 assisted  living residences, as proposed in legislative bills numbers S.
 8865 and A. 5790-B, takes effect.