Relates to the review and approval process for a license to operate an assisted living residence

1 Co-sponsor

• Michael H. Ranzenhofer

BILL NUMBER:S4858A

Title of bill

An act to amend the public health law, in relation to applications for a license to operate an assisted living residence

Purpose

To impose a 90 day time frame in which the Department of Health must either grant a license to applicants seeking assisted living residence, enhanced assisted living residence. and special needs assisted living residence licensure. or provide a provisional license or provide the applicant with a comprehensive and final list of incomplete or outstanding information required in order to grant the license.

Summary of provisions

Amends Section 4656 by adding in a new subdivision 4-a of Chapter 2 of the Laws of 2004 to:

* Impose a 90 time frame in which the Department of Health must either grant a license to applicants seeking assisted living residence, enhanced assisted living residence. and special needs assisted living residence licensure, or provide a provisional license or provide the applicant with a comprehensive and final list of incomplete or outstanding information required in order to grant the license:

* Requires the Department to issue a license within 60 days after the outstanding information has been received by the Department.

Justification

The fastest growing segment of the State's population is individuals aged 60 or more, and there is a growing demand for senior housing options that provide varying levels of long term services and supports and allow individuals to age in place. The Assisted Living Reform Act of 2004 was intended to provide New York's consumers with a licensed, regulated assisted living option. The Act provides a sound framework for assisted living with standards. licensure and certification requirements and consumer protections and disclosures. However, the licensure process has been protracted since the passage of the Act in 2004.

Currently, less than one third of the ALR/EALR/SNALR applications pending before the Department of Health have been granted licensure. Many of these applications have been pending since August 2005. Much of the backlog can be attributed to the Department's lack of resources in the face of budget constraints. However, the protracted licensure process impedes the ability of New York's seniors to take full advantage of the consumer protections and disclosures set forth in the Act. This bill would help address the issue by granting the Department options and time frames in which it must either grant licenses, provisional licenses or a comprehensive list of outstanding

or incomplete information needed in order to grant licenses. These time frames and options are intended to provide a structure and framework for both the Department and applicants to work within and will alleviate delays due to missing or incomplete information. Regardless of the option the Department chooses, New York's seniors will see immediate benefit.

Lack of progress on licensure has a direct consumer impact. Without full implementation of the law, New York's seniors cannot age in place and cannot take advantage of the numerous protections and disclosures contained in the statute. Expediting the licensure process will allow New York's seniors to take advantage of the full aging in place services they demand. Additionally, a robust New York assisted living environment keeps residents. businesses and tax revenues in the State. Encouraging assisted living development has a positive impact of the State's economic growth and recovery.

Legislative history

New bill.

Effective date

This act shall take effect immediately.