BILL NO A00590A
SAME AS No same as
SPONSOR Dinowitz (MS)
COSPNSR Goodell, Otis
Amd S4651, Pub Health L
Enacts the "independent senior housing resident freedom of choice act" to
authorize persons in independent housing, shelters and residences to receive
services they could otherwise receive if they resided in a private residence.
TITLE OF BILL: An act to amend the public health law, in relation to
establishing the independent senior housing resident freedom of choice
PURPOSE: To clarify that individuals living in senior housing have the
right to access and obtain the same services that they would if they
were an 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
them to live independently in the community.
SUMMARY OF PROVISIONS:
Section 1 states that the bill shall be referenced as "The Independent
Senior Housing resident Freedom of Choice Act".
Section 2 amends subdivision 3 of section 4651 of the public health
Section 3 sets the effective date.
JUSTIFICATION: The complexity of state statutes and regulations'
governing the operation and services provided in congregate settings
have caused a lack of clarity with regard to the rights and
opportunities of senior citizens and persons with disabilities
residing in independent housing to choose and access services from the
community. These services are available to such individuals if they
reside in their own, private homes.
Such community-based services help seniors, in private homes and
independent housing alike, to "age in place" and remain living in the
less restrictive, more integrated setting. Residents 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 and disabled
individuals to choose to remain in independent housing and select
their own health care and supportive services are critical components
of these lain and policies.
Ensuring access to such services is also in furtherance of New York
State policy of promoting access to community living and
community-based services to maintain the health and quality of life of
senior citizens and the disabled as well as to prevent avoidable and
costly admission to medical and other institutional-type facilities.
The Independent Senior Housing Resident Freedom of Choice Act would
clarify and declare the rights of seniors and persons with
disabilities to choose live and access services in independent housing
including personal care, home care, case management, technologies and
other community services that support them to live independently in
LEGISLATIVE HISTORY: 2011-12- A7309-B - Referred to Aging
FISCAL IMPLICATIONS: The bill may result in cost savings due to
seniors remaining in the community rather than transitioning into more
expensive settings undetermined at this time,
EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. DINOWITZ, GOODELL -- read once and referred to
the Committee on Aging -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to establishing the
independent senior housing resident freedom of choice act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be referred to
2 as the "independent senior housing resident freedom of choice act".
3 S 2. Paragraph (j) of subdivision 1 of section 4651 of the public
4 health law, as added by chapter 2 of the laws of 2004, is amended to
5 read as follows:
6 (j) independent senior housing, shelters or residences for adults. For
7 purposes of this article and for purposes of determining certification
8 pursuant to article seven of the social services law, the department
9 shall by regulation, define independent senior housing, provided such
10 definition shall be based on whether the operator does not provide,
11 arrange for, or coordinate personal care services or home care services
12 on behalf of residents; and the [facility] OPERATOR does not provide
13 case management services in a congregate care setting for residents.
14 Nothing in this chapter shall preclude [a resident of]: (I) ANY inde-
15 pendent senior housing RESIDENT OR ANY NUMBER OF SUCH RESIDENTS from
16 personally and directly obtaining [private] personal care or home care
17 services from [a] ANY licensed [or certified] home care SERVICES agency,
18 CERTIFIED HOME HEALTH AGENCY, LONG TERM HOME HEALTH CARE PROGRAM,
19 PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY OR OTHER MANAGED LONG
20 TERM CARE PROGRAM;
21 (II) AN AGENCY OR PROGRAM LICENSED OR APPROVED UNDER ARTICLE
22 THIRTY-SIX OR SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER FROM
23 OFFERING, ARRANGING FOR OR PROVIDING SERVICES TO THE RESIDENTS OF SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 590--A 2
1 HOUSING AS SUCH AGENCY IS OTHERWISE AUTHORIZED TO OFFER, ARRANGE FOR OR
2 PROVIDE TO ANY OTHER PERSON OR PERSONS RESIDING IN THEIR OWN HOME OR
3 APARTMENT OR IN THE HOME OF ANY OTHER RESPONSIBLE RELATIVE OR ADULT IN
4 THE COMMUNITY;
5 (III) ANY INDEPENDENT SENIOR HOUSING RESIDENT OR ANY NUMBER OF SUCH
6 RESIDENTS FROM PERSONALLY AND DIRECTLY CHOOSING AND OBTAINING SERVICES
7 FROM AN APPROPRIATELY LICENSED OR APPROVED AGENCY OR PROGRAM OFFERING
8 PERSONAL CARE, HOME CARE OR CASE MANAGEMENT SERVICES, OR FROM OBTAINING,
9 PERSONALLY AND DIRECTLY, TECHNOLOGIES THAT ASSIST IN MAINTAINING INDE-
10 PENDENCE; OR
11 (IV) AN INDEPENDENT SENIOR HOUSING OPERATOR FROM OFFERING ROOM, BOARD,
12 LAUNDRY, HOUSEKEEPING, INFORMATION AND REFERRAL, SECURITY, TRANSPORTA-
13 TION OR CONCIERGE-LIKE SERVICES; ASSISTING TENANTS WITH HOUSING ISSUES;
14 PROVIDING INFORMATION TO TENANTS ABOUT SERVICES AND ACTIVITIES AVAILABLE
15 IN THE COMMUNITY; ASSISTING TENANTS WISHING TO DO SO IN CONTACTING SUCH
16 SERVICES AND ACTIVITIES; AND CONTACTING APPROPRIATE RESPONDERS IN AN
17 EMERGENCY OR OTHER SITUATION INVOLVING ANY TENANTS THAT APPEARS TO
18 WARRANT IMMEDIATE ATTENTION, ASSISTANCE OR INTERVENTION.
19 S 3. This act shall take effect immediately.