Relates to the authority of certain existing assisted living programs to expand capacity by nine or fewer beds under an expedited process

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic1

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Gustavo Rivera says this is needed

This amendment would allow existing assisted living programs (ALPs) to add up to 9 beds, provided that they submit an application which is approved by the Department of Health and the addition of beds does not require major renovation or construction. New York State currently lacks the capacity to serve individuals who require and desire residential care (e.g., 24/7 supervision and assist- ance with ADLs), but do not necessarily require the skilled nursing care provided in a nursing home. According to the AARP's 2023 State Score- card, New York State has the lowest supply of assisted living beds in the nation. Assisted living capacity is in even shorter supply for indi- viduals with low incomes. According to the national data (Nat'l Center for Health Statistics in NYS there are 34.98 people age 85+ per Medicaid ALP bed and 9.52 people age 85+ per ACF/AL bed overall (including ALP and other types of assisted living combined). Although there is no national data corn paring Medicaid assisted living capacity by state, we know that nationally there are 5.26 people age 85+ per assisted living bed over- all. Thus, despite New York's health equity goals, the supply of Medi- caid ALP beds in New York is particularly low. This lack of assisted living capacity limits options for individuals (especially low-income individuals) in need of long-term services and support. It is impeding their ability to live in the most integrated setting appropriate to their needs and optimize their quality of life, as they age and their needs change. We can expect that the need for these services will only grow in the years to come, given the demograph- ic trends. Under existing law (Social Services Law § 461-1(3)(m)), as interpreted by the Department of Health, no new Medicaid ALP beds may be approved until a need methodology is developed and implemented, beginning April 1, 2025. This new needs-based application process was originally intended to be completed by 2023; however, the deadline was extended to April 1, 2025. Unfortunately, this means that new ALP beds are not like- ly to be approved and operational through the new process until poten- tially 2026 or 2027, given the time it will take for the adoption of regulations and the implementation of an application and review process. The last opportunity to create new ALP beds was in 2020, when existing ALPs had the opportunity to expand by 9 or fewer beds through an expe- dited processò. Since that time, there have been significant shifts in long-term care services with a number of ACFs and ALPs closing. In 2024 alone, one assisted living program (ALP) has closed, and another is in the process of closing. As a result, there are currently people in the community who are not able to access the supports they need. Meanwhile, we have a growing population of older adults in New York and the need for residential care is likewise growing. This legislation would create an opportunity to help address this gap in services on an interim basis while the new need-based application process becomes operational. PRIOR LEGISLATIVE HISTORY: New Bill.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.