BILL NUMBER: S5472A
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the social services law and the mental hygiene law, in
relation to violations of safety conditions in adult care facilities
 
PURPOSE:
Relates to violations of safety conditions in adult care
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends paragraph (b) of subdivision 4 of section 460-d of the
social service law by allowing an adult care facility to be subjected to
a pre-hearing suspension or limitation of an operating certificate until
the Department of Health hearing has begun. This section also allows for
the suspension or limitation to be extended for up to 30 days if there
is finding of imminent danger to the public health or the residents'
health.
Section 2 amends subdivision 7 of section 460-d of the social services
law by establishing civil penalties of up to $2000 per day and up to
$5,000 per day for repeat violations. This section also defines the term
"endangerment" in relation to the safety of residents and constitutes it
as a violation in accordance with this bill.
Section 3 amends paragraphs (a) and (b) of subdivision 9 of section
460-d of the social services law by providing language that authorizes
the department to impose a civil penalty to any adult care facility that
does not have a valid operating certificate.
Section 4 amends paragraph (c) of subdivision 9 of section 460-d of the
social services law by giving the department the authority to further
conduct a full inspection if there is a complaint or suspicion that the
facility does not possess an operating certificate and that activities
at the facility are likely to cause harm or danger to the residents.
Section 5 amends subdivision 11 of section 460-d of the social services
law by requiring the department to issue written notice to the appropri-
ate offices and local facilities if the adult care facility was deemed
to have any violations reported after the assessment and such offices
and facilities must receive notification of the enforcement action with-
in ten days of the resolution. The adult care facility must also receive
written notice of the penalty.
Section 6 amends subdivision 12 of section 460-d of the social service
law by prohibiting hospitals, residential health care facilities, adult
care facilities, social services, and other local government entities
from making referrals for admissions to adult care facilities that have
received written notice of: revocation, suspension, denial, or any limi-
tations of the operating certificate; the facilities placement on the
"do not refer list"; or any other orders issued by the department or the
commissioner.
Section 7 amends section 46-d of the social services law by permitting
the department to prohibit the operator from admitting new patients if
conditions are deemed to cause harm or danger to the health, safety, or
welfare of the current residents.
Section 8 amends section 461-c of the social services law by requiring
the adult care facility operator to provide prospective residents and
post on its website a copy of the facility's approved
admission/residency agreement.
Section 9 amends the closing paragraph of subdivision 3 of section 461-d
of the social services law by providing language regarding waivers of
any provisions within this subdivision.
Section 10 amends section 461-e of the social service law by providing
requirements for every adult home and enriched housing program to post
reports of inspection in a prominent position in the facility where it
can be accessible to all residents and the general public.
Section 11 amends paragraphs (b), and (c) of subdivision 2 of section
461-a of the social services law to clarify language and timeframes
related to the plans of correction for violations found during an
inspection.
Section 12 amends subparagraphs (I) and (II) of paragraph 2 of subdivi-
sion (i) of section 29.15 of the mental hygiene law by changing the
terminology of "alcoholism" and "substance abuse" to "addiction services
and supports". For the purpose of the section, enriched housing program
was also added to the list of the types of facilities to be included
within the bill.
Section 13 provides a severability clause.
Section 14 provides the effective date.
 
JUSTIFICATION:
Adult homes, enriched housing programs, and residences for adults
collectively referred to as adult care facilities (ACF) are important
models of care that serve as the homes of thousands of New York State
residents. This bill modernizes and strengthens inspection and enforce-
ment processes and transparency. Many ACFs operate within the law and
provide quality services, but year after year, there are horrendous
cases of severe deficiencies affecting vulnerable residents. This bill
offers more clear guidance for issues of endangerment, harm, and unli-
censed facilities, as well as mitigating circumstances that will enable
otherwise good facilities to avoid debilitating penalties. The bill
would permit a "per violation" fine in addition to the current law
permitting "per day" fines. The maximum fine per day has not been raised
since the law's inception in 1977. While $1,000 may have been a signif-
icant sum then, too often now it is just the "cost of doing business."
Compared to the $10,000 maximum per day fine facing nursing homes,
$2,000 per violation is an appropriate deterrent for ACFs. Currently,
other ACFs and nursing homes are not notified and so they make referrals
to the ACFs on the "do not refer" list. This bill corrects that.
Several court decisions have interpreted SSL § 461-a(2) and (3) as
requiring Department of Health (DOH) inspection reports to indicate
areas of operation where an ACF is and is not in compliance and to
require DOH to specifically direct how a violation is to be rectified.
This bill provides clarity so that DOH resources will be better spent.
 
LEGISLATIVE HISTORY:
2023: S5472 - Referred to Health
2022: S1576C - Referred to Health
2021: S1576 - Advanced to Third Reading
2020: S3460A - Referred to Health
2019: S3460 - Advanced to Third Reading
 
FISCAL IMPLICATIONS:
No fiscal implications
 
EFFECTIVE DATE:
This act shall take effect 30 days after it shall become law

Statutes affected:
S5472: 460-d social services law, 460-d(11) social services law, 461-c social services law, 461-e social services law
S5472A: 460-d social services law, 460-d(11) social services law, 461-c social services law, 461-e social services law