Bill Text: NY A06094 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the commission on accreditation of rehabilitation facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to health [A06094 Detail]

Download: New_York-2017-A06094-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6094
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 23, 2017
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation to the commission  on
          accreditation of rehabilitation facilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The opening paragraph of subdivision 1 of section  4653  of
     2  the public health law, as amended by chapter 414 of the laws of 2013, is
     3  amended to read as follows:
     4    In  order to operate as assisted living, an operator shall be licensed
     5  as an adult home or enriched housing program and apply and  be  approved
     6  for  licensure  with  the  commissioner  pursuant to this article.   The
     7  commissioner  shall  accept  a  current  accreditation  report  from   a
     8  nationally  recognized  accrediting organization known as the Commission
     9  on Accreditation of Rehabilitation Facilities (CARF) in lieu of  initial
    10  licensure  approval  as  an assisted living residence, enhanced assisted
    11  living residence, and/or a special needs assisted living residence.  For
    12  operators not licensed as an adult home or enriched housing program, the
    13  accreditation  report  shall be accepted in lieu of initial licensure as
    14  an adult home or enriched housing program simultaneously  with  assisted
    15  living  residence,  enhanced  assisted  living residence, and/or special
    16  needs assisted  living  residence  licensure.    For  operators  already
    17  licensed  as adult homes and/or enriched housing programs by the depart-
    18  ment, the commissioner shall accept a current accreditation report  from
    19  a nationally recognized accrediting organization known as the Commission
    20  on  Accreditation  of Rehabilitation Facilities (CARF) in lieu of licen-
    21  sure as an assisted living residence, an enhanced assisted living  resi-
    22  dence,  and/or  special  needs  assisted  living residence. The operator
    23  shall provide, such an accreditation report, or provide on  an  applica-
    24  tion  form  developed  by the commissioner, the following information to
    25  the commissioner in order to be licensed:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03853-01-7
        A. 6094                             2
     1    § 2. Paragraph (a) of subdivision 1 of  section  4655  of  the  public
     2  health  law,  as  added  by chapter 2 of the laws of 2004, is amended to
     3  read as follows:
     4    (a) Such application shall be on a form approved by the department; or
     5  the operator may submit a current accreditation report form a nationally
     6  recognized  accrediting organization known as the Commission on Accredi-
     7  tation of Rehabilitation Facilities (CARF) in lieu of such application.
     8    § 3. The opening paragraph of subdivision 3 of  section  4656  of  the
     9  public health law, as added by chapter 2 of the laws of 2004, is amended
    10  and a new subdivision 9 is added to read as follows:
    11    Approval  for  licensure or certification pursuant to this article may
    12  be granted only to an applicant  who  submits  a  current  accreditation
    13  report  from  a  nationally recognized accrediting organization known as
    14  the Commission on Accreditation of Rehabilitation Facilities  (CARF)  or
    15  who satisfactorily demonstrates:
    16    9.  The  department shall accept a current accreditation report from a
    17  nationally recognized accrediting organization known as  the  Commission
    18  on  Accreditation  of  Rehabilitation  Facilities  (CARF) in lieu of the
    19  annual survey required by paragraph (a) of subdivision  two  of  section
    20  four hundred sixty-one-a of the social services law.
    21    §  4. Subdivision 1 of section 4662 of the public health law, as added
    22  by chapter 2 of the laws of 2004, is amended to read as follows:
    23    1. The commissioner is hereby authorized to:
    24    (a) accept a current accreditation report from a nationally recognized
    25  accrediting organization known as the  Commission  on  Accreditation  of
    26  Rehabilitation  Facilities  (CARF) in lieu of initial licensure approval
    27  as an assisted living residence,  enhanced  assisted  living  residence,
    28  and/or  a  special  needs  assisted  living residence. For operators not
    29  licensed as an adult home or enriched housing program, the accreditation
    30  report shall be accepted in lieu of initial licensure as an  adult  home
    31  or  enriched  housing  program simultaneously with assisted living resi-
    32  dence, enhanced assisted living residence, and/or special needs assisted
    33  living residence licensure. For  operators  already  licensed  as  adult
    34  homes  and/or  enriched  housing programs by the department, the commis-
    35  sioner shall accept a current accreditation  report  from  a  nationally
    36  recognized  accrediting organization known as the Commission on Accredi-
    37  tation of Rehabilitation Facilities (CARF) in lieu of  licensure  as  an
    38  assisted living residence, an enhanced assisted living residence, and/or
    39  special needs assisted living residence by the department;
    40    (b) develop, in consultation with the director of the state office for
    41  the  aging,  consumers, operators of assisted living residences and home
    42  care service agency providers, a consumer information  guide  to  inform
    43  and  assist  the  consumer  in the selection of an assisted living resi-
    44  dence;
    45    [(b)] (c) promulgate, in consultation with the director of  the  state
    46  office  for  the  aging,  such rules and regulations as are necessary to
    47  implement the provisions of this article;
    48    [(c)] (d) receive and investigate complaints regarding the  condition,
    49  operation  and quality of care of any entities holding themselves out as
    50  assisted living, or advertising themselves by a similar term;
    51    [(d)]  (e)  make  necessary  investigations  to  procure   information
    52  required to implement the provisions of this article; and
    53    [(e)]  (f) exercise all other powers and functions as are necessary to
    54  implement the provisions of this article.
    55    § 5. This act shall take effect immediately.