Directs the department of health to develop a streamlined application and review process for adult care facility and assisted living operators who are in good standing

1 Co-sponsor

• William J. Larkin Jr.

BILL NUMBER:S5628A

Title of bill

An act to amend the social services law and the public health law, in relation to establishing a streamlined application process for adult care facility and assisted living residence operators in good standing

Purpose

To help expedite the review and approval of license applications, the bill would establish a streamlined application process for existing licensed adult care facility and assisted living residence operators in good standing.

Summary of provisions

Section 1 amends Social Services Law § 461-b(2) to require the Department of Health ("Department") to develop, in collaboration with representatives of associations of operators, a streamlined application process for existing licensed adult care facility (ACF) operators in good standing to be available for use on or before January 1, 2014. The definition of good standing in this section is taken nearly verbatim from a comparable provision in Public Health Law § 4656(3)(b).

Section 2 makes a conforming change to Public Health Law § 4653 so that the streamlined application process established in the bill is also available and applicable to licensed assisted living residence (ALR) operators in good standing.

Section 3 provides for an immediate effective date.

Existing law

Current law and regulation provides one application process - which is labor-intensive, time-consuming and involves voluminous paperwork - for all ACF and ALR operators to undergo each time an application to operate a new facility is submitted.

Justification

There continues to be industry-wide concern regarding New York's lengthy licensure process for ACFs and ALRs. This lengthy licensure process is an impediment to doing business in New York and an impediment to providing necessary housing and services to an aging population. Many providers operating in other States are unwilling to invest in New York because of licensure delays and uncertainties, while other providers already located here in New York are looking outside the State for their future investments.

Delays in the application review process are largely attributable to the following factors: (1) significant volume of application submissions; (2) Department staffing shortages resulting from retirements and attrition; (3) volume of documentation that applicants are required to provide; and (4) application deficiencies due to confusion regarding substantive requirements.

Over the past few years, the Department has developed a variety of creative solutions to deal with staffing shortages and help streamline certain aspects of the licensure process, including:

* third-party certification of the architectural component of license applications;

* on-site review of various "Part Two" facility policies (e.g., menus, activity schedules);

* eliminating duplicative review of information that was previously reviewed by the Department on another application submitted by the same operator; and

* "conditional approval" of license applications for a short-term period, during which time remaining application items must be completed.

To help further expedite the review and approval of ACF and ALR license applications, this bill would expand upon these creative solutions recently developed by the Department and establish a new streamlined application process for existing licensed ACF and ALR operators in good standing. The Department would develop this new streamlined application process, in collaboration with industry representatives, to be available for use on or before January 1, 2014. All first-time applicants seeking to operate an ACF or ALR in New York - as well as any current operator not in good standing - would continue to use the standard application process.

Legislative history

New bill.

Fiscal implications

None.

Effective date

The act shall take effect immediately.