STATE OF NEW YORK
________________________________________________________________________
1051--A
Cal. No. 17
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
___________
Introduced by M. of A. SIMON, ARROYO, BLAKE, BARRETT, BRAUNSTEIN,
COLTON, COOK, DINOWITZ, GOTTFRIED, JAFFEE, JOYNER, M. G. MILLER, OTIS,
PERRY, SKOUFIS, STECK, TITONE, MOSLEY, ABINANTI, ROSENTHAL, SEPULVEDA,
CARROLL, D'URSO, BARRON -- Multi-Sponsored by -- M. of A. HIKIND,
MAGEE -- read once and referred to the Committee on Health -- reported
and referred to the Committee on Codes -- advanced to a third reading,
passed by Assembly and delivered to the Senate, recalled from the
Senate, vote reconsidered, bill amended, ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the public health law, in relation to specifying proce-
dures for the closure and/or decertification of assisted living resi-
dences
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Title 2 of article 46-B of the public health law is amended
2 by adding a new section 4653-a to read as follows:
3 § 4653-a. Closure of assisted living residences. 1. In the event
4 that an operator of an assisted living residence elects to close and to
5 surrender an operating certificate and/or certification as an enhanced
6 or special needs assisted living residence, the following provisions
7 shall apply:
8 (a) The operator shall notify the appropriate regional office of the
9 department in writing prior to the anticipated date of closure of the
10 assisted living residence and/or the decertification of such assisted
11 living residence.
12 (b) Such written notice shall include a proposed plan for closure
13 and/or decertification. The plan shall be subject to the approval of the
14 commissioner, shall include timetables for all steps entailed in the
15 closure process and shall describe the procedures and actions the opera-
16 tor will take to:
17 (i) notify residents and the residents' representatives of the
18 closure, and/or decertification, including provisions for termination of
19 admission agreements and involuntary discharge;
20 (ii) assess the needs and preferences of individual residents;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00788-07-7
A. 1051--A 2
1 (iii) assist residents in relocating and transferring to appropriate
2 alternative settings; and
3 (iv) maintain compliance with approved plan until all residents have
4 relocated.
5 2. (a) The operator shall take no action to close the assisted living
6 residence prior to approval from the commissioner of the plan for
7 closure and/or decertification.
8 (b) The operator shall not close the assisted living residence until
9 all residents thereof have transferred to appropriate alternative
10 settings.
11 (c) The operator shall not increase the amount of any rent, fees or
12 other surcharges imposed upon the residents of the assisted living resi-
13 dence, their residents' representatives, and/or any applicable health
14 insurance plan, long term care plan or other insurance plan providing
15 payment to the residence on behalf of the resident prior to the approval
16 of the plan for closure and/or decertification by the commissioner.
17 (d) The operator shall not accept new residents or applications for
18 residency after the operator has notified the appropriate regional
19 office of the department that the operator intends to close and/or
20 decertify the assisted living residence.
21 3. As part of the final approval of the closure plan, the department,
22 center for health care quality and surveillance and operator shall agree
23 upon a target closure date, which shall be at least one hundred twenty
24 days from the actual date that the operator provides written notifica-
25 tion to the residents and the residents' representatives of the closure.
26 In providing notification of such target closure date, the operator
27 shall also notify residents and the residents' representatives that
28 additional time will be provided to residents who make good faith
29 efforts, as determined by the commissioner, to secure an alternative
30 setting and have demonstrated a reasonable basis for needing more than
31 one hundred twenty days to transfer to an appropriate alternative
32 setting, so long as it remains safe and appropriate to reside in the
33 assisted living residence at such time.
34 4. The operator shall implement the approved plan to ensure that
35 arrangements for continued care which meet each resident's social,
36 emotional and health care needs are effectuated prior to closure and/or
37 decertification.
38 5. Failure to notify the department of intent to cease operations,
39 failure to submit a plan for closure and/or decertification, failure to
40 execute the approved plan for closure and/or decertification and closing
41 an assisted living residence before all residents have been appropriate-
42 ly relocated, shall result in the imposition of civil penalties in
43 accordance with section twelve of this chapter.
44 6. The commissioner may promulgate such rules and regulations as he or
45 she deems necessary to implement the provisions of this section.
46 § 2. This act shall take effect on the first of January next succeed-
47 ing the date on which it shall have become a law, and shall apply to all
48 closures of assisted living residences occurring on or after such effec-
49 tive date and to all closures of assisted living residences pending such
50 effective date; provided, however, that effective immediately, the addi-
51 tion, amendment and/or repeal of any rule or regulation necessary for
52 the implementation of this act on its effective date are authorized and
53 directed to be made and completed on or before such effective date.
