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Legislation Would Establish Protections for Residents & Consumers
Tuesday, June 19, 2001
The New York State Senate today passed legislation that would provide state oversight of assisted living facilities and protections to consumers and potential residents so they know the services they provide and how much they cost. The Senate brought senior citizen advocates and health care providers together on this bill, which addresses a top priority issue for senior citizens in New York State.
"Assisted living continues to grow in popularity as many individuals, especially seniors, find themselves in need of assistance with daily living tasks and some health care needs," Senate Majority Leader Joseph L. Bruno said. "Consequently, some �look-alike� facilities try to capitalize on this demand by marketing themselves as assisted living facilities when, in fact, they are not able to meet potential residents� needs. This legislation would eliminate any confusion by making it clear what services a facility provides.
"As our population ages, consumers are demanding more options in determining where they wish to reside in their later years," Senator George Maziarz (R-C, North Tonawanda), sponsor of the bill and Chairman of the Senate Committee on Aging, said. "Among the options for which demand has increased are assisted living facilities where individuals can remain in residential, homelike environments where both housing and supportive services are provided. While the market has responded to this demand for alternative residential settings, it has also resulted in concerns being raised over the health, social and economic well-being of this vulnerable population."
Lois Aronstein, New York State Director of AARP said: "AARP commends Senator George Maziarz for sponsoring legislation to bring more oversight to assisted living facilities in New York. A recent AARP poll of older New Yorkers found that 87 percent of those surveyed supported state oversight of assisted living services to ensure consumer protection and quality care. We look forward to the Assembly and Governor joining with the Senate in moving forward to create a system of oversight to protect consumers in New York State."
Michael Burgess, Executive Director of the Statewide Senior Action Council said: "For three years, nothing has happened at the Legislature to establish a framework for assisted living in our state even though everyone knows it is needed. Senator Maziarz�s bill is the best effort that has been made to define the parameters of how these facilities should operate and what the rights of consumers are."
Phyllis Wang, President of the New York State Association of Health Care Providers said: "Senator Maziarz�s assisted living residence bill would ensure that residents of assisted living facilities receive the highest standard of home care services by requiring such services to be delivered by a licensed or certified home care agency. HCP applauds Senator Maziarz for his efforts in requiring adherence to quality home care standards in New York�s assisted living residences."
Carl Young, President of the New York Association of Homes and Services for the Aging said: "NYAHSA commends Senator Maziarz for introducing legislation that both defines assisted living and strikes a difficult balance between consumer choice, consumer protection and provider flexibility."
Carol Rodat, President of the Home Care Association of New York State said: "HCA supports assisted living as an important option that will help aging individuals continue to live in their communities. Senator Maziarz�s bill is a welcome first step towards protections for consumers of assisted living, including disclosure of fees and terms of contracted services. HCA applauds Senator Maziarz for his diligent work on behalf of the aging in New York State."
The Senate bill (S.5382A) would require all assisted living facilities to register with the state Department of Health as assisted living residences. It also requires all assisted living residences to provide a written residency agreement and individualized service plan for each resident. This full disclosure would enable consumers to compare residences and make informed decisions as to what best suits their needs. The bill would also require discharge planning should a resident need to relocate.
In addition, the bill would require: that personal care and home care services are provided by licensed home care services agencies; that the Department of Health to develop a consumer information guide to advise consumers on what to look for when selecting an assisted living facility; and require oversight by the Department of Health, the State Ombudsman and the Long Term Care Ombudsman Program.
According to the American Health Care Association, assisted living is the fastest growing type of senior housing in the United States, with an estimated annual growth rate of almost 20 percent. In New York, assisted living costs anywhere from $1,500 to as much as $6,000 a month, primarily coming out of the residents� own pocket. Twenty-nine states have enacted regulations of assisted living facilities.
The issues addressed by the Senate bill were brought to light during a series of public hearings Senator Maziarz held throughout the state last year on the topic of assisted living.
The bill was sent to the Assembly.
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