Relates to the disclosure of special care offered to persons with Alzheimer's disease or dementia

Summary of provisions

Bill adds a new Article 20-8 to the Public Health Law (PHL) entitled "Alzheimer's and dementia special care disclosure." PHL § 2010 defines "Alzheimer's and dementia special care" as care or treatment provided to a person diagnosed with Alzheimer's disease, a related disorder or dementia.

"Facility" includes a residential health care facility, an adult day health program, a continuing care retirement community.

PHL § 2011 sets forth requirements for Alzheimer's and dementia special care disclosure. Any facility that advertises or markets itself as providing Alzheimer's and dementia special care must disclose the form of care or treatment provided that distinguishes it as being especially applicable to or suitable for persons diagnosed with Alzheimer's disease, related disorders or dementia. The disclosure shall be made to the appropriate department, any person seeking placement in the facility on behalf of a person diagnosed with Alzheimer's disease, a related disorder or dementia, and the State Long Term Care Ombudsman.

The disclosure must include information which will help prospective consumers determine whether the program is appropriate for the needs of a particular individual, such as the facility's overall philosophy and mission statement, placement and transfer criteria, the process used for assessment and for implementing and updating a plan of care, staffing ratios and training, physical environment, activities, family involvement programs, fees and costs, and safety and security measures provided by the facility. The Commissioner of Health is authorized, after providing equal opportunity for input from consumer and provider representatives to adopt implementing rules.

PHL 2012 provides that an agency shall consider the extent of a facility's compliance with disclosure requirements in considering an application for renewal of a license, certificate or approval. A facility which violates the provisions of this article shall be subject to a civil penalty not to exceed $500, to be assessed after a hearing conducted in the same manner the agency employs to assess other penalties against approved facilities

Justification

Programs which advertise or offer special care for persons with Alzheimer's disease, dementia or related disorders should publicly state what factors make their programs especially appropriate for such people, Those seeking such care deserve reliable information on the philosophy, processes, environment and costs of a special Alzheimers care program. Laws similar to the provisions of this bill are already on the books in 18 other states, including Florida, Illinois, Missouri, Oregon and Texas. This bill will provide information to help people with Alzheimer's disease and their families to choose the best program for their specific circumstances, It doesn't require any facility to offer specialized care for people diagnosed with Alzheimer's disease or dementia, nor does it require any specific services or methods, What it does require is disclosure, so that the consumer will know what kind of care or treatment the facility can provide. It will also weed out those operations which prey on families by advertising special care for Alzheimer's and dementia without actually providing any substantially different type of care.

Legislative history

S.7387/A.10074 of 1999/2000; Referred to Senate Aging Committee S.4345/A.159 of 2001/2002; Referred to Senate Aging Committee S.506/A.267 of 2003/2004; Ordered to Third Reading in 2004 S.697 A.10163 of 2005/2008; Committed to Rules Committee S.499/A.1451 of 2007/2008; Referred to Senate Health Committee S.1448/A.2592 of 2009/2010; Referred to Senate Health Committee S.188/A.3883 of 2011/2012; Referred to Senate Health Committee

Fiscal implications

None.

Effective date

First day of January after becoming law, provisions of.