Exempts the Rudolf Steiner Fellowship Foundation, Inc. from the requirement to acquire an enhanced assisted living certificate

1 Co-sponsor

• David Carlucci

BILL NUMBER:S4875B

Title of bill

An act to amend chapter 155 of the laws of 1986, exempting from a certain requirement of the social services law the Rudolf Steiner Fellowship Foundation, Inc. relating to its provision of continuity of care and services in an adult care facility, in relation to exempting such foundation from the requirement to obtain an enhanced assisted living certificate

Purpose or general idea of bill

This bill affirms that the Fellowship Community can continue to operate as an adult care facility (ACF) and care for people with advanced needs, without having to become an enhanced assisted living residence per article 46-B of the public health law.

Summary of specific provisions

The bill amends Section 1 of chapter 527 of the laws of 1996, to exempt the Fellowship Community from section 4654 of the public health law, regarding the requirement to apply for enhanced assisted living licensure if retaining persons in need of care beyond the ACF retention standards. It also clarifies current practice that a health care consulting organization designated or approved by the department of health shall evaluate the quality of care and services being provided.

Justification

The Fellowship Community has provided care to the elderly in an intergenerational community since 1966. The Community is a unique organization in which the operation of the adult care facility and the caring for the elders involves the entire community, young and old. This philosophy engages all members of the Community and fosters relationships, to the benefit of all.

Recognizing the unique nature of the Fellowship Community, laws were passed in 1986 and 1996 that exempted the community from certain aspects of social services law. In the laws of 1986, the Fellowship Community was statutorily exempted from the section of social services law requiring ACFs to adhere to certain retention standards. This legislation extends the logic of that provision, clarifying that the Fellowship Community would be exempt also from the Assisted Living Reform Act, which requires facilities that care for people who have exceeded the retention standards of ACFs to apply for enhanced assisted living residence licensure.

Aside from the unique ways in which care is organized, physicians are an integral part of the Fellowship Community, providing a level of oversight that is greater than typical ACFs in the state. The Community also is subject to additional oversight from an outside entity to ensure that the care of those people exceeding the retention standards is being met. Reports indicate a consistently high level of care, as well as quality of life since 1986.

The unique philosophy of care and services of the Community is such that the legislature enacts this statute to affirm that the Fellowship Community can continue to operate as it does and care for people with advanced needs, without having to become an enhanced assisted living residence per article 46-B of the public health law.

Prior legislative history

In 1986 and 1996, the legislature passed laws exempting the Fellowship Community from aspects of social services law. Specifically, in the laws of 1996, the legislature exempted the Fellowship Community from having to adhere to the ACF retention standards in social services law. This bill essentially extends this philosophy, to clarify that it is also exempt from an aspect of 46B of the public health law, which was subsequently passed in 2004.

Fiscal implications

This will save the state Medicaid dollars by preventing unnecessary nursing home placement.

Effective date

This act shall take effect immediately.