What's happening
This bill allows independent senior housing residents in New York to freely choose and obtain personal care and home care services.
Why it matters
Expands autonomy for seniors in independent housing. by ensuring they can freely select and contract with any licensed home care or health agency, not just those arranged or recommended by housing operators.
Prevents conflicts of interest and coercion. by explicitly prohibiting operators and their staff from steering residents toward specific care providers for personal or financial gain, unless the resident requests a limited list.
Clarifies the role of housing operators. , allowing them to provide support services (like housekeeping, transportation, and referrals) but not to control or restrict residents’ access to outside care services or technologies that help maintain their independence.
Aims to standardize resident rights statewide. , ensuring that seniors in independent housing have the same freedom of choice as those living in private homes, reducing potential for abuse or undue influence within senior housing settings.
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Who cares
Independent senior housing residents
The bill would expressly protect their ability to choose and obtain personal care, home care, case management services and technologies that help them remain independent.
Independent senior housing operators and staff
The bill would clarify permitted housing and support services while barring restrictions on provider options unless residents supply limiting criteria and prohibiting steering that benefits operators, staff or their families.
Home care agencies and managed long-term care programs
The bill would expressly allow licensed or approved providers to offer, arrange or provide authorized services to independent senior housing residents as they would to people living at home.
Headline styles
Let Seniors Choose Home Care
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to aging
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.
Let Seniors Choose Home Care
In Assembly Committee · Aging · Sponsor Steven Cymbrowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
897
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, AKSHAR -- read twice and ordered printed, and when printed to be committed 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
S. 897 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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to establishing the independent senior housing resident freedom of choice act
Purpose
To clarify that individuals living in senior housing have the right to access and obtain the same services that they would if they were an individual residing in the community, from the provider of their choos- ing. These services include personal care, home care, case management, technologies and other community services that support them to live independently in the community.
Summary of provisions
Section 1 states that the bill shall be referenced as "The Independent Senior Housing Resident Freedom of Choice Act".
Read the full memo (698 words)
Section 2 lays out the legislative intent behind the bill.
Section 3 amends paragraph (j) of subdivision 1 of section 4651 of the public health law to:
1) change the term "facility" to "operator" to be consistent throughout the definition;
2) clarify that any number of residents living in senior housing can obtain personal care or home care services from any licensed or certi- fied home care agency depending on the individual needs of the residents at any given time as they would otherwise obtain if they were living in their own private home;
3) clarify that residents of independent senior housing can obtain personal care or home care services from any licensed or certified home care agency, personal care program, long term home health care program, or managed long term care program of their choosing that provides services in that location;
4) clarify that a licensed or certified home care agency, personal care program, long term home health care program, or managed long term care program under the authority of its own licensure or certificate is able to perform outreach, arrange, or provide home care services to the resi- dents, so that a resident will have a choice from all available home or personal care service providers and access to any services they would otherwise have access to if living in their own private home;
5) clarify that a resident of independent senior housing has the ability to obtain technologies that assist in maintaining independence, as they would if they were living in their own private home; and
6) clarify activities allowed by the housing operator. Section 4 states the effective date.
Justification
The complexity of state statutes and regulations governing the operation and services provided in congregate settings have caused a lack of clar- ity with regard to the rights and opportunities of senior citizens and persons with disabilities residing in independent housing to choose and access services from the community. These services are available to such individuals if they reside in their own, private homes.
Such community-based services help seniors, in private homes and inde- pendent housing alike, to "age in place" and remain living in the less restrictive, more integrated setting. Residents have rights under, and housing providers must comply with, the Fair Housing Act (FHA), Ameri- cans with Disabilities Act (ADA), and the U.S. Supreme Court's Olmstead decision. The ability of seniors and disabled individuals to choose to remain in independent housing and select their own health care and supportive services are critical components of these laws and policies.
Ensuring access to such services is also in furtherance of New York State policy of promoting access to community living and community-based services to maintain the health and quality of life of senior citizens and the disabled as well as to prevent avoidable and costly admission to medical and other institutional-type facilities.
The Independent Senior Housing Resident Freedom of Choice Act would clarify and declare the rights of seniors and persons with disabilities to choose, live and access services in independent housing including personal care, home care, case management, technologies and other commu- nity services that support them to live independently in the community.
Legislative history
2017,2018: 8.535/6341 Referred to Aging 2015,2016: S.2276A/A.10243 Referred to Aging 2013,2014: S.4124 Referred to Aging 2011,2012: S.4319A Referred to Aging
Fiscal implications
The bill may result in cost savings due to seniors remaining in the community rather than transitioning into more expensive settings. Unde- termined at this time.
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.