What's happening
This bill allows assisted living facilities in New York to use CARF accreditation in place of certain state licensure and survey requirements.
Why it matters
Shifts oversight from state to private accreditation. By allowing the use of CARF accreditation in place of state licensure and survey requirements, the bill increases the role of a private, national accrediting body in determining whether assisted living facilities meet appropriate standards, potentially reducing direct state oversight.
Streamlines the licensing process for operators. Facilities that already have CARF accreditation can bypass duplicative state paperwork and inspections, which could make it faster and less burdensome for providers to open or expand services, possibly leading to more assisted living options.
May impact the consistency and rigor of regulatory standards. CARF uses its own set of standards and procedures, which may differ from New York’s. This could result in variability in the quality and enforcement of care standards, depending on how CARF's requirements compare to those of the state.
Could affect consumer transparency and protections. With less frequent or different state surveys, there might be changes in how issues and complaints are tracked or addressed, possibly impacting the information available to residents and families when choosing a facility.
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Who cares
Headline styles
Accept CARF Accreditation for Licensure
Plain English, a few words. Used as the page title.
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History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6094
2017-2018 Regular Sessions
IN ASSEMBLY
February 23, 2017
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the commission on accreditation of rehabilitation facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 1 of section 4653 of the public health law, as amended by chapter 414 of the laws of 2013, is amended to read as follows:
In order to operate as assisted living, an operator shall be licensed as an adult home or enriched housing program and apply and be approved for licensure with the commissioner pursuant to this article. The commissioner shall accept a current accreditation report from a nationally recognized accrediting organization known as the Commission on Accreditation of Rehabilitation Facilities (CARF) in lieu of initial licensure approval as an assisted living residence, enhanced assisted living residence, and/or a special needs assisted living residence. For operators not licensed as an adult home or enriched housing program, the accreditation report shall be accepted in lieu of initial licensure as an adult home or enriched housing program simultaneously with assisted living residence, enhanced assisted living residence, and/or special needs assisted living residence licensure. For operators already licensed as adult homes and/or enriched housing programs by the department, the commissioner shall accept a current accreditation report from a nationally recognized accrediting organization known as the Commission on Accreditation of Rehabilitation Facilities (CARF) in lieu of licensure as an assisted living residence, an enhanced assisted living residence, and/or special needs assisted living residence. The operator shall provide, such an accreditation report, or provide on an application form developed by the commissioner, the following information to the commissioner in order to be licensed:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03853-01-7
A. 6094 2
§ 2. Paragraph (a) of subdivision 1 of section 4655 of the public health law, as added by chapter 2 of the laws of 2004, is amended to read as follows:
(a) Such application shall be on a form approved by the department; or the operator may submit a current accreditation report form a nationally recognized accrediting organization known as the Commission on Accreditation of Rehabilitation Facilities (CARF) in lieu of such application.
§ 3. The opening paragraph of subdivision 3 of section 4656 of the public health law, as added by chapter 2 of the laws of 2004, is amended and a new subdivision 9 is added to read as follows:
Approval for licensure or certification pursuant to this article may be granted only to an applicant who submits a current accreditation report from a nationally recognized accrediting organization known as the Commission on Accreditation of Rehabilitation Facilities (CARF) or who satisfactorily demonstrates:
9. The department shall accept a current accreditation report from a nationally recognized accrediting organization known as the Commission on Accreditation of Rehabilitation Facilities (CARF) in lieu of the annual survey required by paragraph (a) of subdivision two of section four hundred sixty-one-a of the social services law.
§ 4. Subdivision 1 of section 4662 of the public health law, as added by chapter 2 of the laws of 2004, is amended to read as follows:
1. The commissioner is hereby authorized to:
(a) accept a current accreditation report from a nationally recognized accrediting organization known as the Commission on Accreditation of Rehabilitation Facilities (CARF) in lieu of initial licensure approval as an assisted living residence, enhanced assisted living residence, and/or a special needs assisted living residence. For operators not licensed as an adult home or enriched housing program, the accreditation report shall be accepted in lieu of initial licensure as an adult home or enriched housing program simultaneously with assisted living residence, enhanced assisted living residence, and/or special needs assisted living residence licensure. For operators already licensed as adult homes and/or enriched housing programs by the department, the commissioner shall accept a current accreditation report from a nationally recognized accrediting organization known as the Commission on Accreditation of Rehabilitation Facilities (CARF) in lieu of licensure as an assisted living residence, an enhanced assisted living residence, and/or special needs assisted living residence by the department;
(b) develop, in consultation with the director of the state office for the aging, consumers, operators of assisted living residences and home care service agency providers, a consumer information guide to inform and assist the consumer in the selection of an assisted living residence;
[(b)] (c) promulgate, in consultation with the director of the state office for the aging, such rules and regulations as are necessary to implement the provisions of this article;
[(c)] (d) receive and investigate complaints regarding the condition, operation and quality of care of any entities holding themselves out as assisted living, or advertising themselves by a similar term;
[(d)] (e) make necessary investigations to procure information required to implement the provisions of this article; and
[(e)] (f) exercise all other powers and functions as are necessary to implement the provisions of this article.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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