What's happening
This bill allows certain adult care facilities in New York to provide limited nursing services to residents under specific regulations.
Why it matters
Expands care options for residents. By allowing adult care facilities to arrange or employ nurses for specific, non-continual services, the bill addresses gaps in care for residents who need occasional medical attention but do not qualify for higher levels of care.
Limits on scope and advertising. Facilities that offer these limited nursing services cannot market themselves as “enhanced assisted living” or claim to provide “aging in place,” protecting consumers from potentially misleading claims about the level of care available.
Regulatory oversight. All arrangements for nursing services must be reported to the Department of Health as required, ensuring state oversight and the potential for consistent standards across facilities.
Potential to reduce unnecessary relocations. Residents who develop minor or intermittent nursing needs may not have to move to a higher-care facility, thereby preserving their stability and community ties.
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Who cares
Headline styles
Allow Limited Nursing in Homes
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1788
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health
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.
LBD07742-01-9
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 ;3 461-c that would permit the Commis- sioner 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.