What's happening
This bill allows independent senior housing residents more freedom to choose and obtain personal care and home care services.
Why it matters
Expands resident autonomy. The bill clarifies that independent senior housing residents can freely choose and obtain personal care, home care, or case management services from any appropriately licensed or approved provider, rather than being limited to providers selected or coordinated by the housing operator.
Prevents conflicts of interest and steering. Operators and staff of independent senior housing cannot restrict residents’ choices of service agencies, nor can they steer residents toward particular providers for personal gain or benefit, reducing the risk of coercion or unethical business arrangements.
Protects resident access to supportive technologies and services. Residents are explicitly allowed to directly acquire assistive technologies and information about available community-based activities and services, supporting their independence and well-being.
Defines operator roles and boundaries. The bill clarifies that housing operators can continue offering hospitality and support services (like room, board, housekeeping, and emergency contacts), but cannot manage or coordinate residents’ personal or medical care unless requested by the resident, reinforcing the distinction between independent living and assisted living or other regulated care settings.
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Who cares
Headline styles
Let Seniors Choose Home Services
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 40
4 Co-sponsors
History
- Enacting clause stricken
- Referred to aging
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
842
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. KIM, DAVILA, CONRAD, DILAN, DeSTEFANO -- 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.
LBD01873-01-5
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.