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Sponsors
1 Co-sponsor
History
- Referred to health
Full text
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Sponsor's memo
BILL NUMBER:A9552
Title of bill
An act to amend the social services law and the public health law, in relation to approval of applications for establishment of adult care facilities
Purpose or general idea of bill
This bill will improve the health, safety and quality of life of New York residents living in adult care facilities.
Summary of specific provisions
The bill adds new SSL § 461-b(9) to provide that an individual or entity which is not the duly approved operator of an adult home, enriched housing program or residence for adults shall not participate in the total gross income or net revenue of such adult care facility.
Section 2 of the bill adds a new SSL § 461-b(10) to require that any fee for the lease of the real property on which an adult home, enriched housing program or residence for adults is located, and/or any fee for the lease of the premises in which such facility is located, shall be no greater than the commercially reasonable fair market value for similar properties or premises in the geographic region where the facility is located.
Section 3 of the bill amends PHL § 4655(5) to clarify that the section specifically applies to adult care facilities rather than to "residences."
Justification
Adult homes, enriched housing programs and residences for adults - collectively referred to as adult care facilities - are important models of care that serve as the homes of thousands of New York State residents. the bill prohibits anyone other than an approved operator participating in a facility's revenues. This is intended to prevent situations which could improperly influence operational decisions to the detriment of patient care. Further, the bill contains a requirement that any fee paid by a facility for the lease of the property or premises where the facility is located be no greater than fees charged for similar leases, preventing an operator who owns the property underneath the facility from improperly inflating the rental fee.
Prior legislative history
Drawn from a similar bill (a departmental) that was introduced in 2007 (A.8701 /S.5155) but did not pass.
FISCAL IMPLICATIONS:This bill is not expected to have a fiscal impact on the State
Effective date
sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.