What's happening
This bill allows certain adult care facilities in New York to arrange for limited nursing services for their residents under specific regulations.
Why it matters
Expands care options for residents. By allowing adult care facilities to arrange or employ limited nursing services, the bill enables more residents to receive necessary health care without needing to move to higher-level institutions, supporting continuity and stability for vulnerable populations.
Sets regulatory guardrails. The provision requires that any nursing services provided must comply with Department of Health regulations, including notification procedures and adherence to existing admission and retention standards, which aims to protect residents from inappropriate levels of care.
Prevents misleading marketing. The bill explicitly prohibits facilities that offer these limited nursing services from advertising themselves as “enhanced assisted living residences” or claiming to provide “aging in place” unless already authorized, reducing the risk of consumer confusion or misrepresentation.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Allow Limited Nursing in Care Homes
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Print number 4398a
- Amend and recommit to health
- Referred to health
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.
Allow Limited Nursing in Homes
In Assembly Committee · Health · Sponsor Richard Gottfried
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4398--A
2017-2018 Regular Sessions
IN SENATE
February 13, 2017
Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to allowing certain adult care facilities to arrange for limited nursing services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 461-c of the social services law is amended by adding a new subdivision 6-a to read as follows:
6-a. (a) Pursuant to regulations of the commissioner of health, an adult home, enriched housing facility, assisted living residence or special needs assisted living residence operator may provide for nursing services in the facility for residents of the facility, either by arrangement with a provider of nursing services or by employment, that are not continual and would not violate admission and retention standards under this section, and under circumstances and subject to limitations provided in the regulations. An operator arranging for nursing services shall provide notice to the department of health in a form and manner required by the department.
(b) No operator electing to provide such nursing services may represent to the public that the adult home, enriched housing facility, assisted living residence or special needs assisted living residence is an enhanced assisted living residence or offers aging in place as such terms are defined under section forty-six hundred fifty-one of article forty-six-B of the public health law, except as otherwise permitted by law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02575-03-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to allowing certain adult care facilities to arrange for limited nursing services
Purpose or general idea of bill
To more easily provide incidental nursing services to residents of certain Health Department licensed and regulated adult care facilities in order to avoid unnecessary transfers to hospitals and nursing homes, under Department regulations.
Summary of specific provisions
Add a new subdivision 6-a to SSL § 461-c that would permit the Commissioner of Health to make regulations regarding the provision of limited nursing services to a resident of a DOH licensed and regulated adult home, enriched housing, assisted living residences and special needs assisted living residence, under limited circumstances, with reporting to the Department.
Justification
When a resident of an adult home, enriched housing, assisted living residence or special needs assisted living residence requires a nursing evaluation or assessment or incidental nurse care, the facility must either arrange for a visit by a nursing agency or transfer the resident, most often to a hospital and sometime to a nursing home.
This bill allows the Commissioner of Health to make regulation that will permit operators to provide incidental nursing services for the benefit of residents who are otherwise subject to unnecessary transfers. The bill clearly prohibits an operator who chooses to undertake such service from misrepresenting their facilities as Enhanced Assisted Living (EALR) or offering aging in place, unless they are already approved for EALR as some facilities have multiple levels of care.
Prior legislative history
2015-2016: S. 7974
Fiscal implications
none to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.