Bill Text: NY A00795 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes adult day care programs to provide certain services at the site of a voluntary residential health care facility rightsizing demonstration program.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to health [A00795 Detail]

Download: New_York-2015-A00795-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          795
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 7, 2015
                                      ___________
       Introduced  by  M. of A. GUNTHER, SCHIMEL, COOK, KOLB -- Multi-Sponsored
         by -- M. of A. BARCLAY -- read once and referred to the  Committee  on
         Health
       AN  ACT to amend the public health law, in relation to authorizing adult
         day care programs to provide certain services at the site of a  volun-
         tary   residential  health  care  facility  rightsizing  demonstration
         program
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  2801-e  of  the  public health law is amended by
    2  adding a new subdivision 8 to read as follows:
    3    8.   CONSISTENT WITH THE DEVELOPMENT  OF  LESS  RESTRICTIVE  AND  LESS
    4  INSTITUTIONAL  LONG-TERM CARE SERVICES THROUGH THE VOLUNTARY RESIDENTIAL
    5  HEALTH CARE FACILITY DEMONSTRATION PROGRAM,  THIS  SUBDIVISION  PROVIDES
    6  ADULT DAY HEALTH CARE PROGRAMS WITH PROGRAMMATIC FLEXIBILITY TO MEET THE
    7  NEEDS  OF SENIORS AND THE DISABLED IN THE COMMUNITY WITHIN THE MANDATORY
    8  MANAGED CARE ENVIRONMENT.  NOTWITHSTANDING ANY PROVISION OF LAW OR REGU-
    9  LATION TO THE CONTRARY, APPROVED ADULT DAY HEALTH CARE PROGRAMS, AT  THE
   10  INITIATIVE  OF  A  PROGRAM  AND UPON NOTIFICATION TO THE DEPARTMENT, MAY
   11  PROVIDE SERVICES TO PERSONS WITH HEALTH  CARE  NEEDS,  HEALTH  CARE  AND
   12  SOCIAL  NEEDS  OR ONLY SOCIAL NEEDS AT THE SAME TIME AND WITHIN THE SAME
   13  LOCATION UP TO ONE HUNDRED THIRTY  PERCENT  OF  THE  PROGRAM'S  APPROVED
   14  CAPACITY.  ADULT  DAY CARE PROGRAMS MAY PROVIDE AN ENROLLED INDIVIDUAL A
   15  SUBSET OF ADULT DAY HEALTH CARE SERVICES REQUIRED UNDER DEPARTMENT REGU-
   16  LATIONS PURSUANT TO A SERVICE PLAN, PLAN OF CARE  OR  CARE  PLAN  AGREED
   17  UPON  BY  THE ADULT DAY HEALTH CARE PROGRAM AND A MANAGED CARE ORGANIZA-
   18  TION  AUTHORIZED  TO  PROVIDE  SERVICES  UNDER  THE  MEDICAL  ASSISTANCE
   19  PROGRAM.    NOTHING  IN THIS SUBDIVISION SHALL DIMINISH THE DEPARTMENT'S
   20  OVERSIGHT OF ADULT DAY HEALTH PROGRAMS AND THE DEPARTMENT MAY REVOKE THE
   21  AUTHORITY GRANTED IN  THIS  SUBDIVISION  PROVIDED  THAT  THE  DEPARTMENT
   22  OFFERS  THE OPPORTUNITY FOR A PUBLIC HEARING AS PROVIDED FOR IN SUBPARA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01657-01-5
       A. 795                              2
    1  GRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TEN  OF  SECTION  TWENTY-EIGHT
    2  HUNDRED ONE-A OF THIS ARTICLE.
    3    S  2.  This  act  shall take effect on the sixtieth day after it shall
    4  have become a law, and  the  department  of  health  is  authorized  and
    5  directed  to promulgate, amend and/or repeal, on an emergency basis, any
    6  rules and regulations necessary to implement the provisions of this act.