A00590 Summary:

BILL NO    A00590A

SAME AS    No same as 

SPONSOR    Dinowitz (MS)

COSPNSR    Goodell, Otis

MLTSPNSR   

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.
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A00590 Actions:

BILL NO    A00590A

01/09/2013 referred to aging
02/25/2013 amend and recommit to aging
02/25/2013 print number 590a
01/08/2014 referred to aging
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A00590 Votes:

There are no votes for this bill in this legislative session.
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A00590 Memo:

BILL NUMBER:A590A

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: 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
law.

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
the community.

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.
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A00590 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        590--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    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.
                                                                  LBD01488-03-3
       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.
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