NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
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 facili-
ties 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
STATE OF NEW YORK
2013-2014 Regular Sessions
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 § 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 § 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.
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 § 3. This act shall take effect July 1, 2013 and shall expire and be
21 deemed repealed 3 years after such date.