BILL NUMBER: S6453
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the public health law, in relation to establishing the
independent senior housing resident freedom of choice act
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to clarify that individuals living in inde-
pendent senior housing have the same right to access and obtain services
as any other individual residing in the community, from the provider of
their choosing. These services include personal care, home care, case
management, technologies and other community services that support their
ability to live independently in the community.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill would clarify that residents living in independent senior
housing can obtain the same assistive technologies, personal care, and
home care services as they could if they were living in any other
private home. Additionally it would clarify that a licensed or certified
home care agency, personal care program, long term home health care
program, or managed long term care program is able to perform outreach
to residents of independent senior housing as well as arrange for and
provide home care services to such residents. Finally, it would clarify
what services the independent senior housing operator may provide and
includes a conflict of interest provision regarding third party refer-
rals.
 
JUSTIFICATION:
The complexity of state statutes and regulations has caused confusion
with regard to the rights and opportunities of residents residing in
independent senior housing to choose and access services which would be
available to such individuals if they resided in their own homes. Resi-
dents have rights under, and housing providers must comply with, the
Fair Housing Act (FHA), Americans with Disabilities Act (ADA), and the
U.S. Supreme Court's Olmstead decision. The ability of seniors to choose
to remain in independent senior housing and select their own health care
and supportive services are critical components of these laws and poli-
cies. Ensuring access to such services is also in furtherance of New
York State policy of promoting access to community living and communi-
ty-based services that maintain the health and quality of life of senior
citizens and prevent avoidable and costly admission to medical and other
institutional-type facilities.
 
PRIOR LEGISLATIVE HISTORY:
2015-16:A.10243 Referred to Rules S.2276
2017-18:A.6341 Referred to Aging - S.535 Young
2019-20 A.5158 Referred to Aging; No same as
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S6453: 4651 public health law, 4651(1) public health law