BILL NUMBER: S3184
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the social services law, in relation to allowing certain
adult care facilities to arrange for limited nursing services
 
PURPOSE OR GENERAL IDEA OF BILL:
To more easily provide incidental nursing services to residents of
certain Health Department licensed and regulated adult care facilities
in order to avoid unnecessary transfers to hospitals and nursing homes,
under Department regulations.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new subdivision 6-a of section 461-c of Social Services
Law, as it relates to resident care, services, and charges, to permit
the Commissioner of Health to make regulations regarding the provision
of limited nursing services to a resident of a Department-licensed and
regulated adult home, enriched housing, assisted living residence, and
special needs assisted living residence, under limited circumstances,
with reporting to the Department of Health.
Section 2 provides an effective date.
 
JUSTIFICATION:
When a resident of an adult home, enriched housing, assisted living
residence or special needs assisted living residence requires a nursing
evaluation or assessment or incidental nurse care, the facility must
either arrange for a visit by a nursing agency or transfer the resident,
most often to a hospital and sometimes to a nursing home.
This bill allows the Commissioner of Health to make regulations permit-
ting operators to provide incidental nursing services to benefit resi-
dents who are otherwise subject to unnecessary transfers. The bill
clearly prohibits an operator who chooses to undertake such service from
misrepresenting their facilities as an Enhanced Assisted Living Resi-
dence (EALR) or offering aging in place, unless they are already
approved for EALR, as some facilities have multiple levels of care.
 
PRIOR LEGISLATIVE HISTORY:
2015-2016: S7974 Hannon/A10384 Gottfried
2017-2018: S4398A Hannon/A2736-A Gottfried
2019-2020: S1788/No Same-as 2021-2022: S1593/A9575 Solages
2023-2024: S5471/A5670 Solages
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3184: 461-c social services law