S 762: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 762 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to quality improve- ment and increased consumer transparency in assisted living residences The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 4656 of the public health law, as 2 added by a chapter of the laws of 2024, amending the public health law 3 relating to quality improvement and increased consumer transparency in 4 assisted living residences, as proposed in legislative bills numbers S. 5 8865 and A. 5790-B, is amended to read as follows: 6 7. (a) All assisted living residences, as defined in subdivision one 7 of section forty-six hundred fifty-one of this article, including those 8 licensed and certified as an assisted living residence, special needs 9 assisted living residence, or enhanced assisted living residence, shall: 10 (i) report annually on quality measures to be established by the 11 department, in consultation with industry and consumer representatives, 12 including the long-term care ombudsman or their representative, in the 13 form and format prescribed by the department, with the first report due 14 no later than [January] April fifteenth, two thousand twenty-five; and 15 (ii) post information, including the starting monthly service rate, 16 range for starting rent, approved admission or residency agreement, and 17 a consumer-friendly summary of all service fees, through a reporting 18 system to be developed by the department, in consultation with industry 19 and consumer representatives, that takes into account differences in 20 licensure and certification, services, agreements and fee structures 21 across facilities. Such information shall be posted in a conspicuous 22 place on the facility's website and in a public space within the facili- 23 ty and shall be made available to the public on forms developed by the 24 department. Beginning on [October] January first, two thousand [twenty- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02841-02-5 
 S. 762 2 1 four] twenty-five, this information shall also be reported to the 2 department. 3 (b) The department shall develop a system to score the results of the 4 assisted living quality reporting obtained pursuant to paragraph (a) of 5 this subdivision, in consultation with industry and consumer represen- 6 tatives. Facilities scoring in the top quartile shall be granted the 7 classification of advanced standing on their annual surveillance sched- 8 ules. 9 [(i) Notwithstanding subparagraph one of paragraph (a) of subdivision 10 two of section four hundred sixty-one-a of the social services law, 11 facilities achieving an advanced standing classification shall be 12 surveyed every eighteen months. All other facilities shall be surveyed 13 on an unannounced basis no less than annually; provided, however, that 14 this shall not apply to surveys, inspections or investigations based on 15 complaints received by the department under any other provision of law. 16 (ii)] Facilities may remain on advanced standing classification 17 provided they meet the scoring requirements in assisted living quality 18 reporting and until such time when they do not meet such scoring 19 requirements. 20 (c) Effective [January] April thirty-first, two thousand twenty-five, 21 the department shall post on its website the results of the assisted 22 living quality reporting, collected pursuant to subparagraph (i) of 23 paragraph (a) of this subdivision. 24 (d) No later than [February fifteenth] December thirty-first, two 25 thousand twenty-five, the department shall report to the legislature on 26 the development of a quality scoring system for adult care facilities, 27 including adult homes and enriched housing providers. Such report shall 28 examine the specific quality measures recommended and a process for 29 information collection. 30 § 2. This act shall take effect on the same day and in the same manner 31 as a chapter of the laws of 2024, amending the public health law relat- 32 ing to quality improvement and increased consumer transparency in 33 assisted living residences, as proposed in legislative bills numbers S. 34 8865 and A. 5790-B, takes effect.