Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing to receive services they could get at home

Section 2 lays out the legislative intent behind the bill.

Section 3 amends paragraph (j) of subdivision 1 of section 4651 of the public health law to:

1) change the term "facility" to "operator" to be consistent throughout the definition;

2) clarify that any number of residents living in senior housing can obtain personal care or home care services from any licensed or certified home care agency depending on the individual needs of the residents at any given time as they would otherwise obtain if they were living in their own private home;

3) clarify that residents of independent senior housing can obtain personal care or home care services from any licensed or certified home care agency, personal care program, long term home health care program, or managed long term care program of their choosing that provides services in that location;

4) clarify that a licensed or certified home care agency, personal care program, long term home health care program, or managed long term care program under the authority of its own licensure or certificate is able to perform outreach, arrange, or provide home care services to the residents, so that a resident will have a choice from all available home or personal care service providers and access to any services they would otherwise have access to if living in their own private home;

5) clarify that a resident of independent senior housing has the ability to obtain technologies that assist in maintaining independence, as they would if they were living in their own private home; and

6) clarify activities allowed by the housing operator. Section 4 states the effective date.

Justification

The complexity of state statutes and regulations governing the operation and services provided in congregate settings have caused a lack of clarity with regard to the rights and opportunities of senior citizens and persons with disabilities residing in independent housing to choose and access services from the community. These services are

available to such individuals if they reside in their own, private homes.

Such community-based services help seniors, in private homes and independent housing alike, to "age in place" and remain living in the less restrictive, more integrated setting. Residents have rights under, and housing providers must comply with, the Fair Housing Act (FHA), Americans with Disabilities Act (ADA), and the U.S. Supreme Court's Olmstead decision. The ability of seniors and disabled individuals to choose to remain in independent housing and select their own health care and supportive services are critical components of these laws and policies.

Ensuring access to such services is also in furtherance of New York State policy of promoting access to community living and community-based services to maintain the health and quality of life of senior citizens and the disabled as well as to prevent avoidable and costly admission to medical and other institutional-type facilities.

The Independent Senior Housing Resident Freedom of Choice Act would clarify and declare the rights of seniors and persons with disabilities to choose, live and access services in independent housing including personal care, home care, case management, technologies and other community services that support them to live independently in the community.

Legislative history

2015: Referred to Aging 2013,2014 S.4124Referred to Aging 2011,2012: S.4319A Referred to Aging

Fiscal implications

The bill may result in cost savings due to seniors remaining in the community rather than transitioning into more expensive settings. Undetermined at this time.

Effective date

This act shall take effect immediately.