Relates to licensure of senior living facilities

1 Co-sponsor

• George D. Maziarz

BILL NUMBER:S7844A

Title of bill

An act to amend the social services law, in relation to the licensure of senior living facilities

Purpose

This bill will require unlicensed senior living facilities to either apply for licensure or submit documentary proof demonstrating that they are in fact operating as an independent living facility

Summary of provisions

Section one of the bill would amend Social Services Law § 460-d(9) to require unlicensed senior living facilities to either apply for licensure or submit documentary proof to the Department of Health demonstrating that they are in fact operating as an independent living facility. The bill would create a rebuttable presumption that any unlicensed senior living facility must apply for licensure if it is providing certain services or care to its residents, and at least 50% of the residents are receiving assistance from aides or companions. Any facility meeting this criteria would be required to come forward with either: (1) a complete application to the Department to operate as an adult care facility; or (2) documentary proof to rebut the presumption and demonstrate that the facility is in fact operating as an independent living facility.

Section two provides that the bill would take effect 90 days after being signed into law.

Existing law

Current law requires an unlicensed senior living facility to apply for licensure as an adult care facility if it provides "residential care and services" to seniors who are unable to live independently (Social Services Law § 2(21)). In addition, a facility must apply for licensure as an assisted living facility if it advertises or markets itself to the public as assisted living (Public Health Law § 4656(1)).

Legislative history

This is a new bill.

Statement in support

The licensed adult care and assisted living industry is one of the most heavily regulated in the State. The industry is subject to the two separate licensing structures, voluminous regulatory requirements and broad oversight by the Department of Health. Licensed facilities that do not meet State requirements are subject to stiff fines and the possibility of closure.

However, some senior living facilities - known in the industry as "lookalike" facilities -have found ways to skirt the law and avoid any licensure or oversight. As a result, these "lookalike" facilities are completely unregulated and the senior residents in these buildings do not have any of the basic protections in current law.

This bill would help protect seniors in "lookalike" facilities by making it more difficult to skirt the law and avoid licensure. The bill would put the burden of proof on "lookalike" facilities to come forward and either: (1) submit a license application; or (2) submit documentary proof that they are truly operating as an independent living facility.

The bill would not change the current rules for whether a facility needs to apply for a licensure. Instead, the bill would create a new mechanism to force those who are skirting current law to step forward and comply.

Budget implications

None.

Effective date

This bill would take effect ninety days after becoming law.