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S6390Senate2015-2016 SessionSame asA9164

Relates to the definition of "affiliate" for the purposes of licensed operators of adult care and assisted living facilities

Sponsor Terrence P. MurphySD-40Affects Health
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Terrence P. Murphy

Senator · Senate District 40

No co-sponsors yet.

History

  1. Signed chap.15
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading cal.425
  6. Substituted for A9164
  7. Referred to health
  8. Delivered to assembly
  9. Passed senateVote 59–0
  10. Amended on third reading 6390a
  11. Ordered to third reading cal.21
  12. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9164Assembly

Relates to the definition of "affiliate" for the purposes of licensed operators of adult care and assisted living facilities

Assembly Floor Calendar · Sponsor Richard Gottfried

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the social services law, in relation to licensed operators of adult care facilities and their affiliates; and to amend the public health law, in relation to licensed operators of assisted living facilities and their affiliates

Purpose

This bill would authorize affiliates of licensed operators in good standing to utilize the streamlined application process for adult care facilities and assisted living residences.

Summary of provisions

Section 1 amends Social Services Law section 461-b(2) (b) to authorize tiled affiliates of licensed operators in good standing to utilize the stream-lined application process that the Department of Health has established for licensure as an adult care facility.

Section 2 makes a conforming amendment to Public Health Law section 4653(2) to authorize qualified affiliates of licensed operators in good standing to utilize the same streamlined application process for licensure as an assisted living residence.

Section 3 provides for an immediate effective date.

Existing law

Social Services Law section 461-b(2)(b) and Public Health Law section 4653(2) directed the Department of Health to develop a new streamlined process for "existing licensed operators in good standing" seeking approval of an additional facility of the same type. In 2014, pursuant to these statutes, the Department established this new streamlined application process (https://www.health.ny.gov/forms/doh-5105.pdf).

Justification

Under the new streamlined application process, an existing licensed operator in good standing can receive Department approval to operate a new facility of the same type in as fast as 60 days. This new streamlined process is a substantial improvement over past practice, and holds great promise for the assisted living industry. However, one unforeseen technical problem that has arisen is that many assisted living companies utilize a different legal entity for each new facility they open or acquire (typically for accounting or liability purposes). As the Department has identified, such a new legal entity cannot itself be considered a "licensed operator in good standing" and therefore would not be able to avail itself of the new streamlined process. To remedy this unforeseen problem, this bill would expressly authorize "affiliates" of licensed operators in good standing to utilize the streamlined process.

Legislative history

New Bill.

Fiscal implications

None to the state

Effective date

This act shall take effect in concurrence with a chapter of 2015.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.