Governor Signs ALR "Quality Measures" Bill
(Dec. 16, 2024) On Dec. 13th, Governor Hochul signed the assisted living residence (ALR) "quality measures bill," A.5790-B (Paulin)/S.8865 (Cleare), into law, with agreed-upon “chapter amendments.” In her approval message, the Governor notes that more time is needed to develop quality measures with the input of stakeholders, as LeadingAge NY highlighted in our advocacy to extend the timeframes in the bill. In addition, the message notes the need to address duplication in the law given that there is already a provision in statute to allow adult care facilities (ACFs) to be on an 18-month survey timeframe if in good standing. At the time of this writing, we do not yet have the language of the chapter amendments.
The Department of Health (DOH) is convening a workgroup to inform the development of quality measures, and LeadingAge NY will be a part of that process. Several months ago, we convened a member workgroup to work on the development of potential quality measures in anticipation of this bill being passed. Our advocacy will be informed by the efforts of that LeadingAge NY workgroup.
It should be noted that while this legislation is specific to ALRs, the language does require DOH to provide a report on quality measures for other categories of ACF/assisted living (AL) licensure. Thus, it is possible that this effort will eventually be broadened to encompass all ACF/AL settings.
Below is a summary of the bill passed by the Legislature, but note that some details – such as the timeframes, one of which has already passed – are likely to change given the aforementioned chapter amendments.
- The bill requires DOH to develop ALR (inclusive of enhanced and special needs) quality measures with the input of stakeholders. It requires the reporting of these quality measures to DOH by Jan. 15, 2025, and then requires DOH to report the results of the quality reporting to the public by Jan. 30, 2025.
- The bill develops a scoring system based on quality measures, with the top quartile on advanced standing, and therefore on an 18-month survey schedule, rather than a 12-month survey schedule.
- The bill requires the public posting of the below information in a conspicuous place on the ALR’s website and in a public space within the facility, and made available to the public on forms developed by DOH, within 30 days of the bill becoming law. This information would then be reported to DOH by Oct. 1, 2024:
- Starting monthly service rate
- Range for starting rent
- Approved admission or residency agreement
- A consumer-friendly summary of all service fees
- The process must take into account the differences in licensure and certification, services, agreements, and fee structures.
DOH must provide a report to the Legislature regarding quality measures for other ACFs by Feb. 15, 2025.
We will keep members apprised of developments with this initiative. We appreciate the efforts of members to advocate for extended timeframes, and we appreciate the involvement of the workgroup members on this important endeavor.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828