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Long-Term Care Legislative Goals

- To work toward full compliance with the Olmstead Supreme Court decision to provide long-term care in the least restrictive settings.

- To mandate minimum-staffing levels in nursing homes to ensure the safety and care of residents. This measure should be matched by a call for the diversion of patients in need of long-term care from facilities with insufficient staffing.

- To strengthen the training programs and professional requirements for long-term care providers, including nurses aides, as well as require nursing homes to maintain staffing levels with certified nurses aides (CNAs), rather than with less trained and supervised feeding assistants.

Long-Term Care Bills supported by Statewide Senior Action

Adult Home Reform
Creates a temporary advisory council on adult home reform; provides for penalties for
adult homes and enriched housing programs or residences for adults; establishes
community housing waiting lists; requires adult care facilities to report incidents to the
Dept. of Health; requires a study of the adequacy of and accountability for supplemental
security income, Medicaid and safety net assistance payments made to adult care
facilities.

Assembly Bill #   A7931 Gottfried

Senate Bill #         No Senate same as bill

Status:                   In Assembly Health Committee.

Alzheimer's Disease Outreach & Education
Establishes an Alzheimer's disease outreach and education program for medical and non-medical professionals and social services personnel who work with older New Yorkers and their families.

Assembly Bill #   A4149 Englebright

Senate Bill #         S2451 Golden

Status:                   Passed Assembly Aging Committee, in Ways & Means.

                                Passed Senate Aging Committee, in Finance.

Cash & Counseling Program

Establishes the cash and counseling program within the self-directed personal assistance services.

Assembly Bill #   A1469 Englebright

Senate Bill #         No Senate same as bill

Status:                     Passed Assembly. Passed Senate.

                                   Vetoed by Governor Memo 125, on 8/15/2007.

Consumer Directed Personal Assistance
Permits SOFA to contract for consumer directed personal assistance services through specific models.

Assembly Bill #   A1455 Englebright

Senate Bill #         S457 Golden

Status:                   In Senate Aging Committee.

                                Passed Assembly Aging Committee and Codes Committee, in Ways and Means.

Enhanced Model Adult Day Care Services Demonstration
Allows appropriate social model adult day care programs and home care agencies to provide additional medical services to persons that would enable individuals to receive the most appropriate care in the most integrated and cost effective setting.

Assembly Bill #   A1655 Englebright

Senate Bill #        No Senate same as bill.

Status:                   In Assembly Health Committee.

Long Term Care Compact
Creates process for persons to use a portion of assets to purchase long-term care, after which the state picks-up coverage. The bill will preserve half of the assets for spouse and some for descendants. This bill is important due to Federal Deficit Reduction Act changes in eligibility for Medicaid LTC.

Assembly Bill #   A8643-A Englebright

Senate Bill #         S116 Golden-A

Status:                   Passed Senate Aging Committee and Finance Committee,
                                   in Rules. In Assembly Aging Committee.

Long Term Care Diversion
Diverts patients from long term care facilities that have insufficient staff to provide basic standards of care. Requires nursing homes to report to State Dept. of Health when cannot maintain basic standards for 48 hours.

Assembly Bill #   A3791 Gottfried

Senate Bill #        No Senate same as bill.

Status:                   Passed Assembly Health Committee, in Ways & Means Committee.

Nursing Care Quality Protection Act
Requires facilities to disclose nursing quality indicators, requires Health Commissioner to issue regulations for reporting.

Assembly Bill #   A5196 Gottfried

Senate Bill #         S1267 DeFrancisco

Status:                   Passed Assembly.

                                In Senate Health Committee.

Palliative Education and Training
Provides grants to medical schools for physician education and training in palliative care (pain management and end-of-life care); establishes centers of excellence.

Assembly Bill #   A2974 & 3016

Senate Bill #        No Senate same as bill.
Status:                   2974 Passed Assembly Health Committee, in Ways & Means.

                                3016 in Assembly Health Committee.