Bill Text: NY S05702 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to long term care ombudsman access to assisted living facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-06-15 - SUBSTITUTED BY A7820 [S05702 Detail]

Download: New_York-2015-S05702-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5702
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 28, 2015
                                      ___________
       Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Aging
       AN ACT to amend the elder law, in relation to long term  care  ombudsman
         access  to assisted living facilities; to repeal certain provisions of
         the elder law relating  thereto;  and  providing  for  the  repeal  of
         certain provisions upon the expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (b) of subdivision 1 of section 218 of the  elder
    2  law is REPEALED and a new paragraph (b) is added to read as follows:
    3    (B)  "LONG  TERM  CARE  FACILITIES" SHALL MEAN RESIDENTIAL HEALTH CARE
    4  FACILITIES AS DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT
    5  HUNDRED  ONE  OF THE PUBLIC HEALTH LAW, ADULT CARE FACILITIES AS DEFINED
    6  IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF THE SOCIAL SERVICES LAW, AND
    7  ASSISTED LIVING RESIDENCES, AS DEFINED IN  ARTICLE  FORTY-SIX-B  OF  THE
    8  PUBLIC HEALTH LAW, OR ANY FACILITIES WHICH HOLD THEMSELVES OUT OR ADVER-
    9  TISE  THEMSELVES  AS  PROVIDING  ASSISTED  LIVING SERVICES AND WHICH ARE
   10  REQUIRED TO BE LICENSED OR CERTIFIED UNDER THE SOCIAL  SERVICES  LAW  OR
   11  THE  PUBLIC  HEALTH LAW. WITHIN THE AMOUNTS APPROPRIATED THEREFOR, "LONG
   12  TERM CARE FACILITIES" SHALL ALSO MEAN MANAGED LONG TERM CARE  PLANS  AND
   13  APPROVED  MANAGED  LONG TERM CARE OR OPERATING DEMONSTRATIONS AS DEFINED
   14  IN SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW  AND  THE
   15  TERM  "RESIDENT",  "RESIDENTS",  "PATIENT"  AND  "PATIENTS"  SHALL  ALSO
   16  INCLUDE ENROLLEES OF SUCH PLANS.
   17    S 2. Paragraph (b) of subdivision 1 of section 218 of the  elder  law,
   18  as added by section one of this act, is amended to read as follows:
   19    (b)  "Long  term  care  facilities" shall mean residential health care
   20  facilities as defined  in  subdivision  three  of  section  twenty-eight
   21  hundred  one  of the public health law, adult care facilities as defined
   22  in subdivision twenty-one of section two of the social services law, and
   23  assisted living residences, as defined in  article  forty-six-B  of  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11278-05-5
       S. 5702                             2
    1  public health law, or any facilities which hold themselves out or adver-
    2  tise  themselves  as  providing  assisted  living services and which are
    3  required to be licensed or certified under the social  services  law  or
    4  the  public health law. [Within the amounts appropriated therefor, "long
    5  term care facilities" shall also mean managed long term care  plans  and
    6  approved  managed  long term care or operating demonstrations as defined
    7  in section forty-four hundred three-f of the public health law  and  the
    8  term  "resident",  "residents",  "patient"  and  "patients"  shall  also
    9  include enrollees of such plans.]
   10    S 3. Paragraph (g) of subdivision 3 of section 218 of the elder law is
   11  REPEALED.
   12    S 4. Subdivision 3 of section 218 of  the  elder  law  is  amended  by
   13  adding a new paragraph (g) to read as follows:
   14    (G)  WITHIN  THE  AMOUNTS  APPROPRIATED  THEREFOR, THE STATE OMBUDSMAN
   15  PROGRAM SHALL INCLUDE SERVICES SPECIFICALLY DESIGNED  TO  SERVE  PERSONS
   16  ENROLLED  IN  MANAGED LONG TERM CARE PLANS OR APPROVED MANAGED LONG TERM
   17  CARE OR OPERATING DEMONSTRATIONS  AUTHORIZED  UNDER  SECTION  FORTY-FOUR
   18  HUNDRED  THREE-F  OF  THE  PUBLIC  HEALTH LAW, AND SHALL ALSO REVIEW AND
   19  RESPOND TO COMPLAINTS RELATING TO MARKETING PRACTICES BY SUCH PLANS  AND
   20  DEMONSTRATIONS.
   21    S 5. This act shall take effect immediately; provided however that the
   22  amendments to paragraph (b) of subdivision 1 of section 218 of the elder
   23  law made by section two of this act shall take effect December 31, 2017;
   24  provided, however, that the provisions of section four of this act shall
   25  expire  on  the  same  date as section two of this act takes effect when
   26  upon such date the provisions of section  four  of  this  act  shall  be
   27  deemed repealed.