BILL NUMBER: S5223
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to establishing a
special needs assisted living program to serve persons with neurodegen-
erative diseases
 
PURPOSE:
Establishes a special needs assisted living program to serve persons
with neurodegenerative diseases.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 4655 of the Public Health Law by adding a new
subdivision 7 as it relates to the establishment of a neurodegenerative
with behaviors enhanced special needs assisted living residence program,
which would serve residents of certified assisted living residences with
neurodegenerative diseases such as Alzheimer's dementia, Lewy body
dementia, frontal lobe dementia, and Parkinson's disease with behavior
disturbances as defined by the diagnostic and statistical manual of
mental disorders or the international classifications of diseases.
This subdivision also provides that assisted living operators would
obtain certification as both an enhanced living residence and special
needs assisted living residence to participate in the program.
Subdivision (i) provides that each program would have physician over-
sight and supervision under contract with the site; provide nursing
services directly or under contract; and be limited to ten residential
beds and in addition can include two respite beds.
Subdivision (ii) provides that no more than five residents in need of
twenty-four-hour skilled nursing care or medical care which would other-
wise require placement in a hospital or nursing home would be admitted
per site.
Subdivision (iii) establishes admission requirements for program resi-
dents. Program residents must be admitted by the request of a lawful
representative of the resident; have been declined admission or readmis-
sion by: a nursing home; assisted living residence; enhanced assisted
living residence; or special needs assisted living residence; and a
physician or nurse practitioner must certify that the prospective resi-
dent can be safely cared for in the program.
Paragraph (b) requires the establishment of environmental safeguards
that are tailored to accommodate residents as determined by the super-
vising clinical team.
Paragraph (c) provides that the Department of Health may establish stan-
dards for the program including: ensuring the character and competence
of the applicant and contracting physician and compliance with applica-
ble laws, rules, and regulations; stabilization of behavior disturbances
and the provisions of palliative care; applicable experience of contract
and direct care staff in relation to the targeted population; person-
centered planning for resident care; and staff education and training.
Section 2 gives the effective date.
 
JUSTIFICATION:
This bill would establish a special needs assisted living program,
creating a demonstration residential program that provides medical,
nursing, and social support to persons with severe cognitive and behav-
ioral dysfunction and which would demonstrate the ability to improve
health care outcomes through palliative care and the coordination of
health care services.
The program would operate through 10 sites that are family-style resi-
dences with no more than 10 residents each, plus an additional two
persons participating in adult daycare. Each site must possess a certif-
icate of operation and maintain all resident rights and standards of
quality and performance as an Adult Care Facility under Title 2 of Arti-
cle 7 of the Social Services Law. Each resident would be cared for by
medical and nursing professionals under physician supervision and they
have entered into a memorandum of understanding with regional hospitals
and nursing homes in the event a transfer is required. This demon-
stration program is authorized for four years.
 
LEGISLATIVE HISTORY:
2021-2022: S4546-B Rivera /A4656-B Gottfried
2022-23: S2161-A Rivera/A7035-A Fahy - Vetoed memo. 100
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Effective immediately.

Statutes affected:
S5223: 4655 public health law