S 5223: Establishes a special needs assisted living program to serve residents of certified assisted living residences with neurodegenerative diseases, such as dementia or Parkinson's disease, who are experiencing behavior disturbances.

  
  STATE OF NEW YORK ________________________________________________________________________ 5223 2025-2026 Regular Sessions  IN SENATE February 19, 2025 ___________ Introduced by Sens. RIVERA, ASHBY, FERNANDEZ, GALLIVAN, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to establishing a special needs assisted living program to serve persons with neurode- generative diseases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4655 of the public health law, as added by chapter 2 2 of the laws of 2004, is amended by adding a new subdivision 7 to read 3 as follows: 4 7. (a) The department shall establish a neurodegenerative with behav- 5 iors enhanced special needs assisted living residence program to serve 6 residents of certified assisted living residences with neurodegenerative 7 diseases (such as Alzheimer's dementia, Lewy body dementia, frontal lobe 8 dementia, and Parkinson's disease) with behavior disturbances, as 9 defined by the diagnostic and statistical manual of mental disorders or 10 the international classifications of diseases. To participate in the 11 program, assisted living operators shall obtain certification as both an 12 enhanced assisted living residence and special needs assisted living 13 residence. 14 (i) Each program will have physician oversight and supervision under 15 contract with the site; provide nursing services directly or under 16 contract; and be limited to ten residential beds per program, and in 17 addition may include two respite beds. 18 (ii) There shall be no more than five residents per site who, upon 19 admission, are in need of twenty-four-hour skilled nursing care or 20 medical care which would otherwise require placement in a hospital or 21 nursing home. 22 (iii) All program residents must be an admission requested by a lawful 23 representative of the resident or have been declined admission or read- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07046-01-5 
 S. 5223 2 1 mission by: a nursing home; assisted living residence; enhanced assisted 2 living residence; or special needs assisted living residence. In addi- 3 tion, a physician or nurse practitioner must certify that the prospec- 4 tive resident can be safely cared for in the program. 5 (b) The program shall establish environmental safeguards that are 6 tailored to accommodate residents based upon needs as determined by the 7 supervising physician and may allow a registered nurse to evaluate, 8 assess and execute physician orders. 9 (c) In addition to applicable statutory and regulatory requirements, 10 the department may establish standards for the program, including: 11 (i) ensuring character and competence of the applicant and contracting 12 physician and compliance with applicable laws, rules, and regulations; 13 (ii) stabilization of behavior disturbances and the provision of 14 palliative care; 15 (iii) applicable experience of contract and direct care staff in 16 relation to the targeted population; 17 (iv) person-centered planning for resident care; and 18 (v) staff education and training, which shall include, but not be 19 limited to: 20 (A) characteristics and needs of persons with Alzheimer's disease and 21 dementia including behavioral symptoms, and mental and emotional chang- 22 es; 23 (B) assessment of care outcomes; 24 (C) appropriate activities of daily living; 25 (D) dementia-related behaviors and communication limitations; 26 (E) other methods of meeting residents' needs on an individual basis; 27 (F) use and operation of environmental modifications that protect the 28 health and safety of the residents; and 29 (G) attaining professional affiliation or special qualifications rele- 30 vant to serving persons with advanced needs. 31 § 2. This act shall take effect immediately.