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S T A T E O F N E W Y O R K
________________________________________________________________________
10660
I N S E N A T E
July 13, 2026
___________
Introduced by Sen. FAHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the social services law, the executive law, the public
health law and the education law, in relation to adaptive aquatic
safety services for individuals with disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature finds
2 that:
3 1. Individuals with disabilities may face increased risk of injury and
4 death in aquatic environments due to physical, developmental, intellec-
5 tual, cognitive, sensory, behavioral, or other functional limitations
6 affecting aquatic safety.
7 2. The federal Medicaid program permits coverage of habilitative
8 services under home and community-based services waivers pursuant to
9 section 1915(c) of the Social Security Act.
10 3. New York has made significant investments in public aquatic infras-
11 tructure through the New York state swimming infrastructure and munici-
12 pal access initiative, and that such investments should be leveraged to
13 improve access to adaptive aquatic safety services.
14 4. Adaptive aquatic safety instruction, when individually designed and
15 based on identified functional needs, constitutes a habilitative service
16 that develops functional safety skills, reduces preventable injury risk,
17 and supports community integration.
18 5. Improving disability competency among aquatic professionals is
19 essential to reducing preventable drownings and promoting safe partic-
20 ipation in aquatic activities by individuals with disabilities.
21 6. The legislature further finds that expanding disability competency
22 among aquatic professionals will improve opportunities for individuals
23 with disabilities to safely participate in community-based aquatic
24 recreation in the most integrated setting appropriate to their individ-
25 ual needs and preferences.
26 7. It is therefore the intent of the legislature to establish adaptive
27 aquatic safety services as an available habilitative service option for
28 individuals with disabilities who require individualized aquatic safety
29 instruction consistent with federal home and community-based services
30 authority.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16147-01-6
S. 10660 2
1 § 2. The social services law is amended by adding a new section 365-q
2 to read as follows:
3 § 365-Q. ADAPTIVE AQUATIC SAFETY SERVICES. 1. FOR PURPOSES OF THIS
4 SECTION, "ADAPTIVE AQUATIC SAFETY SERVICES" SHALL MEAN INDIVIDUALIZED
5 HABILITATIVE SERVICES PROVIDED IN A COMMUNITY AQUATIC ENVIRONMENT THAT
6 ARE DESIGNED TO DEVELOP, MAINTAIN, OR IMPROVE FUNCTIONAL AQUATIC SAFETY
7 SKILLS FOR INDIVIDUALS WITH DISABILITIES WHO REQUIRE ADAPTIVE INSTRUC-
8 TION DUE TO DISABILITY-RELATED FUNCTIONAL LIMITATIONS. SUCH SERVICES MAY
9 INCLUDE, BUT SHALL NOT BE LIMITED TO:
10 (A) WATER HAZARD RECOGNITION;
11 (B) EMERGENCY RESPONSE BEHAVIORS;
12 (C) SAFE AQUATIC ENTRY AND EXIT SKILLS;
13 (D) DROWNING PREVENTION AND RISK MITIGATION SKILLS;
14 (E) ADAPTIVE COMMUNICATION AND SAFETY STRATEGIES; AND
15 (F) CAREGIVER OR SUPPORT PERSON TRAINING WHERE APPROPRIATE.
16 2. THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER
17 OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND OTHER
18 APPROPRIATE STATE AGENCIES, SHALL EVALUATE AND, WHERE APPROPRIATE, SEEK
19 APPROVAL FROM THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR
20 THE INCLUSION OF ADAPTIVE AQUATIC SAFETY SERVICES AS AN AVAILABLE
21 SERVICE COMPONENT UNDER APPLICABLE MEDICAID HOME AND COMMUNITY-BASED
22 SERVICES AUTHORITIES, INCLUDING WAIVERS AUTHORIZED PURSUANT TO SECTION
23 1915(C) OF THE FEDERAL SOCIAL SECURITY ACT.
24 3. THE COMMISSIONER SHALL ENSURE THAT ANY ADAPTIVE AQUATIC SAFETY
25 SERVICES AUTHORIZED PURSUANT TO THIS SECTION:
26 (A) ARE PROVIDED PURSUANT TO PERSON-CENTERED PLANNING REQUIREMENTS;
27 (B) ARE BASED UPON IDENTIFIED FUNCTIONAL NEEDS RELATED TO HEALTH,
28 SAFETY, INDEPENDENCE, OR COMMUNITY PARTICIPATION;
29 (C) INCLUDE MEASURABLE OUTCOMES; AND
30 (D) ARE DESIGNED PRIMARILY TO ADDRESS HEALTH, SAFETY, INDEPENDENCE, OR
31 COMMUNITY PARTICIPATION GOALS AND ARE NOT PROVIDED SOLELY AS RECREATION-
32 AL ACTIVITIES.
33 4. THE COMMISSIONER SHALL ESTABLISH PROVIDER QUALIFICATION STANDARDS
34 FOR ADAPTIVE AQUATIC SAFETY SERVICES, WHICH MAY INCLUDE REQUIREMENTS
35 RELATING TO:
36 (A) ADAPTIVE AQUATIC INSTRUCTION;
37 (B) DISABILITY COMPETENCY;
38 (C) COMMUNICATION STRATEGIES;
39 (D) BEHAVIORAL SUPPORT STRATEGIES;
40 (E) EXPERIENCE PROVIDING INSTRUCTION TO INDIVIDUALS WITH DISABILITIES;
41 AND
42 (F) AQUATIC EMERGENCY RESPONSE.
43 5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE ABILITY OF
44 INDIVIDUALS ELIGIBLE FOR SELF-DIRECTED SERVICES TO ACCESS ADAPTIVE
45 AQUATIC SAFETY SERVICES CONSISTENT WITH APPLICABLE SELF-DIRECTION
46 REQUIREMENTS.
47 6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE REIMBURSEMENT
48 FOR GENERAL RECREATIONAL SWIMMING INSTRUCTION THAT DOES NOT SATISFY
49 APPLICABLE MEDICAID REQUIREMENTS.
50 § 3. The executive law is amended by adding a new article 49-D to read
51 as follows:
52 ARTICLE 49-D
53 ADAPTIVE AQUATIC ACCESSIBILITY
54 SECTION 997. ADAPTIVE AQUATIC ACCESSIBILITY AT STATE-FUNDED PUBLIC
55 AQUATIC FACILITIES.
S. 10660 3
1 § 997. ADAPTIVE AQUATIC ACCESSIBILITY AT STATE-FUNDED PUBLIC AQUATIC
2 FACILITIES. 1. ANY STATE AGENCY, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPO-
3 RATION, OR OTHER ENTITY ADMINISTERING STATE FINANCIAL ASSISTANCE FOR THE
4 CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION, EXPANSION, OR
5 IMPROVEMENT OF A PUBLIC AQUATIC FACILITY SHALL REQUIRE EACH APPLICANT TO
6 DESCRIBE, AS PART OF ITS APPLICATION FOR SUCH ASSISTANCE, HOW THE
7 PROPOSED FACILITY WILL PROVIDE AND PROMOTE ACCESS FOR INDIVIDUALS WITH
8 DISABILITIES.
9 2. SUCH DESCRIPTION MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
10 (A) PARTNERSHIPS WITH QUALIFIED PROVIDERS OF ADAPTIVE AQUATIC SAFETY
11 SERVICES;
12 (B) OPPORTUNITIES FOR ADAPTIVE AQUATIC SAFETY INSTRUCTION;
13 (C) INCLUSIVE AQUATIC PROGRAMMING FOR INDIVIDUALS WITH DISABILITIES;
14 (D) ACCESSIBILITY OF THE AQUATIC FACILITY AND RELATED AMENITIES; AND
15 (E) POLICIES FACILITATING THE USE OF THE FACILITY BY PROVIDERS
16 FURNISHING ADAPTIVE AQUATIC SAFETY SERVICES.
17 3. IN EVALUATING APPLICATIONS FOR STATE FINANCIAL ASSISTANCE, THE
18 ADMINISTERING ENTITY SHALL CONSIDER AND, NOTWITHSTANDING ANY OTHER
19 PROVISION OF LAW, PRIORITIZE THE APPLICANT'S PROPOSED EFFORTS TO IMPROVE
20 ACCESS FOR INDIVIDUALS WITH DISABILITIES AS ONE FACTOR AMONG OTHERS
21 ESTABLISHED BY LAW, REGULATION, OR PROGRAM GUIDELINES.
22 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN APPLICANT
23 TO ESTABLISH A PARTICULAR AQUATIC PROGRAM OR TO PROVIDE MEDICAID-REIM-
24 BURSABLE SERVICES.
25 § 4. Section 206 of the public health law is amended by adding a new
26 subdivision 32 to read as follows:
27 32. (A) THE COMMISSIONER SHALL PROMULGATE REGULATIONS REQUIRING EVERY
28 LIFEGUARD CERTIFICATION AND LIFEGUARD RECERTIFICATION COURSE APPROVED OR
29 RECOGNIZED BY THE DEPARTMENT TO INCLUDE NOT LESS THAN THREE HOURS OF
30 INSTRUCTION CONCERNING AQUATIC SAFETY FOR INDIVIDUALS WITH DISABILITIES.
31 (B) SUCH INSTRUCTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
32 (I) DISABILITY AWARENESS AND COMPETENCY;
33 (II) COMMUNICATION STRATEGIES FOR INDIVIDUALS WITH PHYSICAL, DEVELOP-
34 MENTAL, INTELLECTUAL, COGNITIVE, SENSORY, AND BEHAVIORAL DISABILITIES;
35 (III) DISABILITY-RELATED DROWNING RISK FACTORS;
36 (IV) SUPERVISION AND EMERGENCY RESPONSE CONSIDERATIONS;
37 (V) ADAPTIVE DROWNING PREVENTION STRATEGIES;
38 (VI) INTERACTION WITH CAREGIVERS AND SUPPORT PERSONS; AND
39 (VII) INCLUSIVE AQUATIC SAFETY INSTRUCTION PRACTICES.
40 (C) IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER MAY CONSULT WITH
41 ADAPTIVE AQUATIC PROVIDERS, DISABILITY ADVOCACY ORGANIZATIONS,
42 NATIONALLY RECOGNIZED LIFEGUARD CERTIFYING AGENCIES, AND OTHER SUBJECT
43 MATTER EXPERTS.
44 § 5. The education law is amended by adding a new section 4411 to read
45 as follows:
46 § 4411. ADAPTIVE AQUATIC SAFETY. 1. SCHOOL DISTRICTS AND BOARDS OF
47 COOPERATIVE EDUCATIONAL SERVICES MAY INCORPORATE ADAPTIVE AQUATIC SAFETY
48 GOALS INTO INDIVIDUALIZED EDUCATION PROGRAMS WHERE APPROPRIATE TO
49 ADDRESS HEALTH, SAFETY, COMMUNITY PARTICIPATION, TRANSITION PLANNING, OR
50 INDEPENDENT LIVING SKILLS.
51 2. THE COMMISSIONER SHALL ISSUE GUIDANCE REGARDING COORDINATION
52 BETWEEN EDUCATIONAL PROGRAMMING AND ADAPTIVE AQUATIC SAFETY SERVICES
53 AUTHORIZED PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-Q OF THE SOCIAL
54 SERVICES LAW.
55 § 6. This act shall take effect on the one hundred eightieth day after
56 it shall have become a law.