NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10836
SPONSOR: Rules (Cruz) TITLE OF BILL:
An act in relation to enacting the "reimagining long-term care task
force" to create a task force to study the state of long-term care
services in this state
PURPOSE:
This bill establishes a long-term care task force that will examine the
state of long-term care, both home-based and facility-based, in the
state, and consider potential models for improvement. It will examine
both the impact of the coronavirus pandemic on long-term care as well as
the broader long-term system in New York.
SUMMARY OF PROVISIONS:
Section 1: Sets short title.
Section 2: Sets the duties and topics of inquiry for the task force.
Section 3: Sets the membership of the task force and establishes the
Director of the State Office for the Aging as chair. ** The amendment
to this bill adds one representative from the Empire State Association
of Assisted Living.
Section 4: Directs state agencies to provide the task force necessary
assistance.
Section 5: Requires one report from the task force with respect to the
coronavirus pandemic by December 1, 2020. Requires a second report of
its full study by May 1, 2021.
Section 6: Sets the effective date.
JUSTIFICATION:
New York is in a period of reimagining many of the systems we rely on.
As we discuss reimagining business or schools, there is another system
that requires significant consideration: long-term care. Nursing homes
and adult care facilities have been among the hardest hit communities in
the coronavirus crisis: Our long-term care system was already troubled
before the pandemic, with overworked and underpaid staff and facilities
whose rates have not been increased in years. The pandemic exacerbated
these challenges.
This legislation will establish a Reimagining Long-Term Care Task Force
with representatives from across the long-term care system. The task
force will have two goals. First, to examine the impact of the coronavi-
rus pandemic on long-term care in New York State, producing a report on
issues like staffing shortages, visitation bans, infection control
protocols and enforcement. Second, to make recommendations to the Gover-
nor and legislature on how to build a more resilient long-term care
system to care for and protect the overall well-being of residents and
clients in any future emergency.
FISCAL IMPACT:
To be determined
LEGISLATIVE HISTORY:
New bill
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
10836
IN ASSEMBLY
July 20, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cruz) --
read once and referred to the Committee on Aging
AN ACT in relation to enacting the "reimagining long-term care task
force" to create a task force to study the state of long-term care
services in this state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "reimagining long-term care task force act".
3 § 2. Reimagining long-term care task force; duties. There is hereby
4 created the reimagining long-term care task force. Such task force shall
5 study the state of long-term care services, options and challenges for
6 older New Yorkers and reimagine how the state can better meet the exist-
7 ing and projected needs of such New Yorkers in ways that prioritize
8 safety and affordability, and enhance the quality of life for those in
9 need of such care. In carrying out its task, the task force shall
10 consider the full continuum of care available to older New Yorkers,
11 including, but not limited to, community-based services, consumer-di-
12 rected services, independent living, assisted living and skilled-nursing
13 facility care. The task force shall study the limitations currently
14 hampering quality care, both in home-based and facility-based settings,
15 and consider potential models for improvement. In addition, the task
16 force shall study the challenges and issues generated by the coronavirus
17 pandemic, including, but not limited to, infection control protocols and
18 enforcement, staffing shortages, lack of federally mandated crisis
19 plans, visitation bans, and other factors that exacerbated the
20 pandemic's toll on residents and staff of skilled nursing and other
21 adult-care facilities. The task force shall utilize the findings of its
22 study on the impact of the coronavirus pandemic to formulate recommenda-
23 tions on how such skilled nursing and other adult-care facilities, as
24 well as home care service agencies, can better care for and protect the
25 overall well-being of residents and clients in any future emergency.
26 § 3. Membership. 1. The reimagining long-term care task force shall
27 consist of 22 members as follows:
28 (a) the director of the office for the aging, or his or her designee;
29 (b) the commissioner of health, or his or her designee;
30 (c) the commissioner of labor, or his or her designee;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16781-07-0
A. 10836 2
1 (d) the commissioner of the office for people with developmental disa-
2 bilities, or his or her designee;
3 (e) two members appointed by the governor;
4 (f) two members appointed by the temporary president of the senate;
5 (g) two members appointed by the speaker of the assembly;
6 (h) one member appointed by the minority leader of the senate;
7 (i) one member appointed by the minority leader of the assembly;
8 (j) one representative of the AARP;
9 (k) one representative of New York Caring Majority;
10 (l) one representative of the Home Care Association of New York State
11 (HCA-NYS);
12 (m) one representative of the Long Term Care Community Coalition;
13 (n) one representative of 1199;
14 (o) one representative of the New York State Nurses Association;
15 (p) one representative of LeadingAge;
16 (q) one representative of Healthcare Association of New York State
17 (HANYS);
18 (r) one representative of the Association on Aging in New York; and
19 (s) one representative of the Empire State Association of Assisted
20 Living.
21 2. Members of the task force shall broadly represent long-term care
22 and senior-related interests, including persons with expertise in senior
23 or long-term care advocacy, persons with expertise in addressing racial
24 disparities in senior or long-term care, home care and facility based
25 service providers, health care workers, community-based services,
26 consumer-directed services, associations for seniors, health care asso-
27 ciations, elder law representatives, and/or representatives of senior
28 housing, including skilled nursing, independent facilities and services,
29 assisted living facilities and services, and naturally occurring retire-
30 ment communities.
31 3. The director of the office for the aging, or his or her designee,
32 shall serve as chairperson of the task force.
33 4. No member of the task force shall be disqualified from holding any
34 other public office or employment, nor shall he or she forfeit any such
35 office or employment by reason of his or her appointment pursuant to
36 this act, notwithstanding the provisions of any general, special or
37 local law, ordinance or city charter.
38 5. The members of the task force shall receive no compensation for
39 their services, but shall be allowed their actual and necessary expenses
40 incurred in the performance of their duties pursuant to this act.
41 § 4. Assistance from state and local agencies. All departments and
42 agencies of the state or subdivisions thereof, and local governments of
43 this state shall, at the request of the chairperson, provide the task
44 force such facilities, assistance and data to enable the task force to
45 carry out its duties pursuant to this act.
46 § 5. Reports. 1. The task force shall report the findings of its study
47 with respect to the coronavirus pandemic to the governor, the temporary
48 president of the senate and the speaker of the assembly, on or before
49 December 1, 2020. Such report shall include recommendations for further
50 action and legislation.
51 2. The task force shall report the findings of its full study to the
52 governor, the temporary president of the senate and the speaker of the
53 assembly, on or before May 1, 2021. Such report shall include recommen-
54 dations for further action and legislation.
55 § 6. This act shall take effect immediately.
