A05139 Summary:

BILL NO    A05139 

SAME AS    No same as 

SPONSOR    Stevenson

COSPNSR    

MLTSPNSR   

Add S28-105.13, NYC Ad Cd

Establishes a temporary moratorium on the construction and/or opening of new
adult day care centers.
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A05139 Actions:

BILL NO    A05139 

02/20/2013 referred to aging
01/08/2014 referred to aging
01/15/2014 enacting clause stricken
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A05139 Votes:

There are no votes for this bill in this legislative session.
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A05139 Memo:

BILL NUMBER:A5139

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to establishing a temporary moratorium on the
construction and/or opening of new adult day care centers; and
providing for the repeal of such provisions upon expiration thereof

PURPOSE: To require that the proliferation of adult day care centers
be curtailed during the period and term of the moratorium in order to
assess the applicable interest and provision of service to the senior
community and the quality of care rendered to this population.

SUMMARY OF PROVISIONS: To establish, determine and review criteria and
guidelines for the adult day care community and the rapid growth of
this industry; and marketing tactics and delivery of services.

JUSTIFICATION: We are witnessing an increase in agencies and / or
business which cater exclusively to the adult day care community. The
rapid growth of this industry and the market they serve has given rise
to concerns about the delivery of services to this fragile population.
There is of course an over abiding concern that in the rush to set up
new facilities, that every measure is taken to insure and guarantee
the safe operation of these facilities and the provision of valuable
services to this population. The proliferation of more and more of
these agencies must perforce raise concerns about the level of care
and the marketing of these services to this population.

In view of the fact that the overwhelming number of seniors /adults
who avail themselves of these services receive government funding from
either state or federal sources it is advisable to allow this market
the opportunity to settle itself before more or additional day care
facilities are allowed. The moratorium should be three years.

LEGISLATIVE HISTORY:  None

FISCAL IMPLICATIONS:  None

EFFECTIVE DATE: Take effect on the ninetieth day after it shall become
a law
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A05139 Text:

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

                                         5139

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 20, 2013
                                      ___________

       Introduced  by  M.  of  A.  STEVENSON  --  read once and referred to the
         Committee on Aging

       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to  establishing  a temporary moratorium on the construction
         and/or opening of new adult day care centers; and  providing  for  the
         repeal of such provisions upon expiration thereof

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Legislative findings and  intent.  The  legislature  hereby
    2  finds  that  there  has been a substantial increase in the number of new
    3  adult day care centers constructed and/or opened  in  the  city  of  New
    4  York,  leading  to concerns regarding the quality of and actual need for
    5  additional adult day care centers within the five boroughs. The legisla-
    6  ture declares that the absence of a statute authorizing  the  department
    7  of  buildings  of  the city of New York to institute a moratorium on the
    8  construction and/or opening of such  new  adult  day  care  centers  has
    9  created  confusion and uncertainty as to the services and general super-
   10  vision that such centers should provide to the elderly  and  individuals
   11  with disabilities. However, the legislature finds that such a moratorium
   12  should not affect current adult day care centers that are open and oper-
   13  ating on or before the effective date of this act.
   14    S  2.  The  administrative  code of the city of New York is amended by
   15  adding a new section 28-105.13 to read as follows:
   16    S 28-105.13 TEMPORARY MORATORIUM ON CONSTRUCTION AND/OR OPENING OF NEW
   17  ADULT DAY CARE CENTERS. 1. FOR THE PURPOSES OF THIS SECTION, "ADULT  DAY
   18  CARE CENTER" OR "ADULT DAY SERVICE" SHALL MEAN A NON-RESIDENTIAL FACILI-
   19  TY  PROVIDING  MEALS,  ACTIVITIES,  SOCIAL AND RECREATIONAL OUTINGS, AND
   20  GENERAL SUPERVISION FOR THE ELDERLY AND/OR INDIVIDUALS WITH DISABILITIES
   21  WITH A VARIETY OF MEDICAL NEEDS. AN ADULT DAY CARE CENTER IS ALSO  TYPI-
   22  CALLY ASSIGNED A UNIQUE NATIONAL PROVIDER IDENTIFIER (NPI) NUMBER BY THE
   23  FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08891-01-3
       A. 5139                             2

    1    2.  THERE  SHALL BE A THREE-YEAR MORATORIUM ON THE CONSTRUCTION AND/OR
    2  OPENING OF NEW ADULT DAY CARE CENTERS WITHIN THE CITY OF NEW YORK. AS OF
    3  THE EFFECTIVE DATE OF THIS SECTION, NO NEW ADULT DAY CARE  CENTER  SHALL
    4  BE  CONSTRUED  OR OPENED WITHIN THE CITY OF NEW YORK DURING THE DURATION
    5  OF  SUCH  MORATORIUM. FOR THE DURATION OF THE MORATORIUM, THE DEPARTMENT
    6  OF BUILDINGS OF THE CITY OF NEW YORK  SHALL  NOT  ISSUE  A  CONSTRUCTION
    7  PERMIT  OR  A  CERTIFICATE OF OCCUPANCY TO ANY ADULT DAY CARE CENTER NOT
    8  PREVIOUSLY OPEN AND OPERATING AS OF THE EFFECTIVE DATE OF THIS SECTION.
    9    3. ADULT DAY CARE CENTERS LOCATED WITHIN THE CITY OF NEW YORK THAT ARE
   10  OPEN AND OPERATING AND HAVE BEEN ASSIGNED A NPI NUMBER AS OF THE  EFFEC-
   11  TIVE  DATE  OF THIS SECTION ARE EXEMPT FROM THE MORATORIUM INSTITUTED BY
   12  THIS SECTION.
   13    4. IN THE EVENT AN EXISTING ADULT  DAY  CARE  CENTER  REFERRED  TO  IN
   14  SUBDIVISION  THREE  OF THIS SECTION IS PROVIDING SERVICES TO THE MAXIMUM
   15  NUMBER OF ADULTS IT CAN SERVE IN  ITS  CURRENT  EXISTING  FACILITY,  THE
   16  OWNER OR OPERATOR OF SUCH CENTER CAN SEEK TO EXPAND THE EXISTING FACILI-
   17  TY,  CONSTRUCT  A NEW CENTER OR OPEN AN ADDITIONAL CENTER. HOWEVER, SUCH
   18  EXPANSION, CONSTRUCTION OR OPENING  OF  AN  ADDITIONAL  CENTER  MUST  BE
   19  COMPLETED WITHIN THE SAME CONGRESSIONAL DISTRICT.
   20    S  3.  This act shall take effect July 1, 2013 and shall expire and be
   21  deemed repealed 3 years after such date.
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