Requires reporting and posting by assisted living facilities relating to quality measures and information concerning rates, rent, and service fees; requires a scoring system of the assisted living quality reporting.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5790B
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law, in relation to quality improve-
ment and increased consumer transparency in assisted living residences
PURPOSE OR GENERAL IDEA OF BILL:
To improve the quality of assisted living residences through increased
reporting. The proposal would also mandate the posting of information
which would allow consumers to compare facilities. There will also be a
rating system developed on quality measures.
SUMMARY OF SPECIFIC PROVISIONS:
The bill amends Public Health Law section 4656 by adding two subdivi-
sions. Section one requires all assisted living residences to report
annually on quality measures. The quality measures will be developed by
the Department of Health in consultation with the industry and consumer
representatives. The long-term care ombudsman or her/his representative
would be consulted as well. The first report will be due no later than
January fifteenth, two thousand twenty-five. In addition, this section
requires the posting of specific information. The information will be
posted in a conspicuous place on the facility's website and in a public
space within the facility. Such information shall be reported to the
Department beginning on October first twenty-four. The Department will
also develop a system to score the results of the assisted living quali-
ty reporting system. Facilities that score in the top quartile shall be
granted an advanced standing classification which grants them a general
inspection every eighteen months instead of the standard twelve months.
Complaint investigations, surveys and/or investigations will not be
affected by the advanced standing classification. No later than February
fifteenth, two thousand twenty- five, the Department
will report to the legislature on the development of a quality scoring
system for adult care facilities such as enriched housing and adult
homes. A new subdivision is created to allow assisted living residences
to seek accreditation.
The bill is effective on the ninetieth day after it shall become a law.
JUSTIFICATION:
The additional of a quality reporting system for assisted living resi-
dences (ALRs) has the potential to dramatically increase quality for
consumers.
Since ALRs are not regulated at the federal level they are not included
in prior quality efforts like the five-star system for nursing homes.
This system will be transparent and focus on agreed upon measures. The
bill also requires standard consumer friendly information on rates and
service fees. This will allow consumers and their families to compare
costs and services across different assisted living facilities. This
legislation mandates that promulgation of regulations to effectuate all
the provisions. The regulatory process will allow all interested parties
to weigh in on the specific elements of the new law.
PRIOR LEGISLATIVE HISTORY:
New bill for the 2023-24 session
FISCAL IMPLICATIONS:
None; This bill could be accomplished within the current resources of
the Department of Health.
EFFECTIVE DATE:
This act shall take effect of the thirtieth day after it shall have
become law
STATE OF NEW YORK
________________________________________________________________________
5790--B
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. PAULIN, SAYEGH, WEPRIN, HEVESI, GUNTHER, ZEBROW-
SKI -- read once and referred to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Health in accord-
ance with Assembly Rule 3, sec. 2 -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to quality improve-
ment and increased consumer transparency in assisted living resi-
dences
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 7 and 8 of section 4656 of the public health
2 law, as added by chapter 2 of the laws of 2004, are renumbered subdivi-
3 sions 9 and 10 and two new subdivisions 7 and 8 are added to read as
4 follows:
5 7. (a) All assisted living residences, as defined in subdivision one
6 of section forty-six hundred fifty-one of this article, including those
7 licensed and certified as an assisted living residence, special needs
8 assisted living residence, or enhanced assisted living residence, shall:
9 (i) report annually on quality measures to be established by the
10 department, in consultation with industry and consumer representatives,
11 including the long-term care ombudsman or their representative, in the
12 form and format prescribed by the department, with the first report due
13 no later than January fifteenth, two thousand twenty-five; and
14 (ii) post information, including the starting monthly service rate,
15 range for starting rent, approved admission or residency agreement, and
16 a consumer-friendly summary of all service fees, through a reporting
17 system to be developed by the department, in consultation with industry
18 and consumer representatives, that takes into account differences in
19 licensure and certification, services, agreements and fee structures
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10164-03-4
A. 5790--B 2
1 across facilities. Such information shall be posted in a conspicuous
2 place on the facility's website and in a public space within the facili-
3 ty and shall be made available to the public on forms developed by the
4 department. Beginning on October first, two thousand twenty-four, this
5 information shall also be reported to the department.
6 (b) The department shall develop a system to score the results of the
7 assisted living quality reporting obtained pursuant to paragraph (a) of
8 this subdivision, in consultation with industry and consumer represen-
9 tatives. Facilities scoring in the top quartile shall be granted the
10 classification of advanced standing on their annual surveillance sched-
11 ules.
12 (i) Notwithstanding subparagraph one of paragraph (a) of subdivision
13 two of section four hundred sixty-one-a of the social services law,
14 facilities achieving an advanced standing classification shall be
15 surveyed every eighteen months. All other facilities shall be surveyed
16 on an unannounced basis no less than annually; provided, however, that
17 this shall not apply to surveys, inspections or investigations based on
18 complaints received by the department under any other provision of law.
19 (ii) Facilities may remain on advanced standing classification
20 provided they meet the scoring requirements in assisted living quality
21 reporting and until such time when they do not meet such scoring
22 requirements.
23 (c) Effective January thirty-first, two thousand twenty-five, the
24 department shall post on its website the results of the assisted living
25 quality reporting, collected pursuant to subparagraph (i) of paragraph
26 (a) of this subdivision.
27 (d) No later than February fifteenth, two thousand twenty-five, the
28 department shall report to the legislature on the development of a qual-
29 ity scoring system for adult care facilities, including adult homes and
30 enriched housing providers. Such report shall examine the specific qual-
31 ity measures recommended and a process for information collection.
32 8. (a) Assisted living residences, as defined in subdivision one of
33 section forty-six hundred fifty-one of this article, including those
34 licensed and certified as an assisted living residence, special needs
35 assisted living residence, or enhanced assisted living residence, may
36 seek accreditation by agencies determined by the commissioner.
37 (b) Such accreditation agencies shall report data and information, in
38 a manner and form as determined by the department, pertaining to those
39 assisted living residences accredited by such agencies, and those
40 assisted living residences which obtain but lose such accreditation.
41 § 2. This act shall take effect on the thirtieth day after it shall
42 have become a law.
