What's happening
This bill allows independent senior housing residents to freely choose personal care or home care services from any licensed provider, ensuring operators cannot restrict or influence their choices.
Why it matters
Empowers seniors to maintain autonomy. By guaranteeing the right to choose any licensed care provider, the bill strengthens residents’ control over their own care arrangements, supporting their independence and dignity.
Prevents conflicts of interest. The legislation bans operators from steering residents toward certain providers when the operator or staff could benefit, reducing the risk of financial kickbacks or biased recommendations.
Expands service options and flexibility. Seniors can access a wider range of home care, personal care, case management, and supportive technologies directly, ensuring their needs can be met with the most appropriate and preferred services.
Clarifies the roles of housing operators. The bill explicitly states what services operators can offer (e.g., housekeeping, information, emergency response), ensuring operators support residents without overstepping into care management or limiting choices.
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Who cares
Headline styles
Let Seniors Choose Home Care
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to aging
- Referred to aging
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5158
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. CYMBROWITZ -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, HEVESI -- read once and referred to the Committee on Aging
AN ACT to amend the public health law, in relation to establishing the independent senior housing resident freedom of choice act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be referred to as the "independent senior housing resident freedom of choice act".
§ 2. Paragraph (j) of subdivision 1 of section 4651 of the public health law, as added by chapter 2 of the laws of 2004, is amended to read as follows:
(j) independent senior housing, shelters or residences for adults. For purposes of this article and for purposes of determining certification pursuant to article seven of the social services law, the department shall by regulation, define independent senior housing, provided such definition shall be based on whether the operator does not provide, arrange for, or coordinate personal care services or home care services on behalf of residents; and the [facility] operator does not provide case management services in a congregate care setting for residents. Nothing in this chapter shall preclude [a resident of]: (i) any independent senior housing resident or any number of such residents from personally and directly obtaining [private] personal care or home care services from [a] any licensed [or certified] home care services agency, certified home health agency, long term home health care program, programs of all-inclusive care for the elderly or other managed long term care program;
(ii) an agency or program licensed or approved under article thirtysix or section forty-four hundred three-f of this chapter from offering, arranging for or providing services to the residents of such housing as such agency is otherwise authorized to offer, arrange for or provide to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03633-01-9
A. 5158 2
any other person or persons residing in their own home or apartment or in the home of any other responsible relative or adult in the community;
(iii) any independent senior housing resident or any number of such residents from personally and directly choosing and obtaining services from an appropriately licensed or approved agency or program offering personal care, home care or case management services, or from obtaining, personally and directly, technologies that assist in maintaining independence; or
(iv) an independent senior housing operator from offering room, board, laundry, housekeeping, information and referral, security, transportation or concierge-like services; assisting tenants with housing issues; providing information to tenants about services and activities available in the community; assisting tenants wishing to do so in contacting such services and activities; and contacting appropriate responders in an emergency or other situation involving any tenants that appears to warrant immediate attention, assistance or intervention. No independent senior housing operator or staff of the independent senior housing facility shall take action to limit the options presented to residents for a home care services agency, certified home health agency, long term home health care program, program of all-inclusive care for the elderly, or other managed long term care program except where the resident has provided criteria to limit the options presented. No independent senior housing operator or any staff of the independent senior housing facility shall induce any resident to utilize a home care services agency, certified home health agency, long term home health care program, program of all-inclusive care for the elderly, or other managed long term care program where there is any specific benefit that accrues to the independent senior housing operator, staff of the independent senior housing facility, or their families for directing residents to any specific provider of services.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.