Relates to adult care facilities

Summary of specific provisions

Section 1 of the bill adds a new Social Services Law (SSL) 5 460-d(7)(e) to authorize the Department of Health (DOH) to assess a penalty if DOH establishes that a violation found at an adult care facility, although corrected, was a violation in the same area of operation as a violation cited at the previous facility inspection.

Section 2 of the bill amends SSL § 460-d(4)(b) to authorize a hearing officer to extend a pre-hearing suspension or limitation of an adult care facility's operating certificate, currently authorized for no more than 60 days if there is a finding of imminent danger to the public health or a resident's health, safety or welfare, for an additional period of time if DOH has made reasonable efforts to commence and complete a hearing.

Sections 3 and 4 of the bill amend SSL §§ 460-d(11) and (12) to add adult care facilities and residential health care facilities to the list of entities that: (1) must be notified when DOH issues notice of the proposed revocation, suspension or limitation of an adult care facility's operating certificate or the proposed placement of a facility on the "Do Not Refer" list, and (2) may not make referrals to the facility that is the subject of such notice.

Section 5 of the bill adds a new SSL § 460-d(17) to provide that when DOH issues official written notice of a proposed enforcement action specified in SSL S 460-d(11) and determines there is a condition that constitutes an imminent danger to the health, safety or welfare of any resident, DOH may prohibit the operator from admitting any new residents until DOH is satisfied that the imminent danger no longer exists.

Section 6 of the bill amends SSL § 461-d(3) to provide that the rights of residents set forth in that subdivision cannot be waived by legal representatives or resident representatives.

Section 7 of the bill amends SSL § 461-a(2)(a) to eliminate a provision permitting "facilities receiving the department's highest rating" to undergo inspections every 18 months, instead of annually, and instead reserves the 18 month inspection schedule for "facilities determined by the department to be in compliance with applicable statutes and regulations, based on the facility's most recent inspection."

Section 8 of the bill adds a new SSL § 461-a(2)(c) to eliminate the requirement that the report of an inspection of an adult care facility specify each area or operation which is or is not in compliance with

applicable regulations, and instead requires that such report identify only areas that are not iii compliance. The bill also authorizes rather than mandates that the inspection report provide directions as to the manner and time in which compliance with applicable regulations must be achieved, and requires the operator to submit a written plan of correction within 30 calendar days of when the inspection report is received. DOH will notify the operator as to the acceptability of the plan 30 days after receipt of such plan. Additionally, the bill adds enriched housing programs to the facilities required to develop, biannually update and implement plans for quality assurance activities for each area of operation. determining whether QUIP funds should be awarded.

Prior legislative history

A similar departmental bill was introduced in 2007 (A8701 /S.5155) but did not pass.

Fiscal implications

This bill is not expected to have a fiscal impact on the State.

Effective date

ninetieth day after it shall have become a law.