|SAME AS||No Same As|
|Add Art 3 SS300 & 301, Eld L|
|Creates a temporary state commission to study and investigate the effects of closures of long term care facilities on the residents of such facilities and their families.|
|01/23/2015||REFERRED TO AGING|
|01/06/2016||REFERRED TO AGING|
Memo not availableGo to top
Go to top
STATE OF NEW YORK ________________________________________________________________________ 2472 2015-2016 Regular Sessions IN SENATE January 23, 2015 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the elder law, in relation to creating a temporary state commission to study and investigate the effects of closures of long term care facilities on the residents of such facilities and their families; and providing for the repeal of such provisions upon expira- tion thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The elder law is amended by adding a new article 3 to read 2 as follows: 3 ARTICLE III 4 LONG TERM CARE FACILITIES 5 Section 300. Definitions. 6 301. Commission on long term care facilities. 7 § 300. Definitions. As used in this article: 8 1. "Director" shall mean the director of the office for the aging. 9 2. "Long term care facilities" shall mean residential health care 10 facilities as defined in subdivision three of section twenty-eight 11 hundred one of the public health law, and assisted living residences, as 12 defined in article forty-six-B of the public health law, or any facili- 13 ties which hold themselves out or advertise themselves as providing 14 assisted living services and which are required to be licensed or certi- 15 fied under the social services law or the public health law and adult 16 care facilities as defined in subdivision twenty-one of section two of 17 the social services law. 18 3. "State ombudsman" shall mean the state long term care ombudsman 19 appointed by the director pursuant to subdivision three of section two 20 hundred eighteen of this chapter. 21 § 301. Commission on long term care facilities. 1. A temporary state 22 commission, to be known as the commission on long term care facilities EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06109-02-5S. 2472 2 1 (hereinafter the "commission"), is hereby created to study and make 2 recommendations concerning the following: 3 (a) the effects of closures of long term care facilities on the resi- 4 dents of such facilities, including the impact on the physical and 5 mental health of the residents and the loss of the residential communi- 6 ty; 7 (b) the availability of long term care facility placements for New 8 York state residents suffering from dementia, including, but not limited 9 to Alzheimer's disease; 10 (c) the availability of long term care facility placements for New 11 York state residents requiring skilled nursing care; 12 (d) the effects of relocating residents of a closing long term care 13 facility to another facility within the same geographical area as 14 compared with relocating such residents to a long term care facility not 15 within the geographical area; 16 (e) feasibility of arranging comparable placements, as opposed to 17 appropriate placements, in other facilities within the same geographical 18 area when a long term care facility with a capacity of serving fifty or 19 more residents closes; 20 (f) the impact on family members of residents of the closing of a long 21 term care facility; 22 (g) the sufficiency of current laws, rules and regulations governing 23 the relocation of residents of a closing long term care facility; and 24 (h) such other matters as the commission deems appropriate. 25 2. The commission shall make recommendations for additional legis- 26 lation and/or regulations to govern the closing of long term care facil- 27 ities and facilitate the relocation of long term care facility residents 28 in a manner that is in the best interests of the residents in the event 29 of a closure of a long term care facility. The commission shall further 30 study the need, if any, to devise a notification system to alert resi- 31 dents and families not less than one year in advance of the closure or 32 potential closure of a long term care facility. 33 3. (a) The commission shall consist of nine members to be appointed as 34 follows: three members shall be appointed by the governor and shall 35 include the director of the office for the aging, the state ombudsman 36 and one additional member who shall be a resident of the state with 37 expertise and experience in the fields of long term care and advocacy; 38 two members shall be appointed by the temporary president of the senate; 39 two members shall be appointed by the speaker of the assembly; one 40 member shall be appointed by the minority leader of the senate; and one 41 member shall be appointed by the minority leader of the assembly. All 42 of the members appointed by the temporary president of the senate, the 43 speaker of the assembly, the minority leader of the senate and the 44 minority leader of the assembly shall be residents of the state with 45 expertise and experience in the fields of long term care and advocacy. 46 No person shall be a member of such commission while such person is a 47 member of the senate or assembly. Any vacancy on such commission shall 48 be filled in the same manner as the original appointment was made. A 49 chairperson and vice-chairperson of such commission shall be elected by 50 the majority of its members, all members being present. 51 (b) Except as provided in paragraph (a) of this subdivision, no 52 member, officer or employee of the commission shall be disqualified from 53 holding any other public office or employment, nor shall he or she 54 forfeit any such office or employment by reason of his or her appoint- 55 ment hereunder, notwithstanding the provisions of any general, special 56 or local law, ordinance or city charter.S. 2472 3 1 (c) All members of the commission shall be appointed within sixty days 2 of the effective date of this section. The first meeting of the commis- 3 sion shall take place within thirty days after appointment of all 4 members of the commission. 5 4. The members of the commission shall receive no compensation for 6 their services, but shall be allowed their actual and necessary expenses 7 incurred in the performance of their duties hereunder. 8 5. The commission may employ and at pleasure remove such personnel as 9 it may deem necessary for the performance of its functions and fix their 10 compensation within the amounts made available by appropriation there- 11 for, if any, or by donation, if any. The commission may meet and hold 12 public and/or private hearings within or without the state, and shall 13 have all the powers of a legislative committee pursuant to the legisla- 14 tive law. 15 6. For the accomplishment of its purposes, the commission shall be 16 authorized and empowered to undertake any studies, inquiries, surveys or 17 analyses it may deem relevant through its own personnel or in cooper- 18 ation with or by agreement with any other public or private agency. 19 7. The commission may request and shall receive from any agency in the 20 state and from any subdivision, department, board, bureau, commission, 21 office, agency or other instrumentality of the state or of any political 22 subdivision thereof such facilities, assistance and data as it deems 23 necessary or desirable for the proper execution of its powers and duties 24 and to effectuate the purposes set forth in this section. 25 8. The commission is hereby authorized and empowered to enter into any 26 agreements and to do and perform any acts that may be necessary, desira- 27 ble or proper to carry out the purposes and objectives of this section. 28 9. The commission shall make a report of its findings and shall submit 29 its recommendations, including any recommendations for legislative 30 action as it may deem necessary and appropriate, to the governor, the 31 temporary president of the senate, the speaker of the assembly, the 32 minority leader of the senate and the minority leader of the assembly 33 one year after the first meeting of the commission. 34 10. Notwithstanding any other provision of law, no long term care 35 facility shall be closed or converted to any other use, or cause 36 reductions in sufficient staffing levels to occur, until one year after 37 the commission reports its findings and provided recommendations as 38 provided in subdivision nine of this section. 39 11. The provisions of this section shall not apply to a non-profit 40 long term care facility operated by a religious group which qualifies as 41 a tax-exempt entity under section 501(c)(3) of the Internal Revenue 42 Code. 43 § 2. This act shall take effect immediately and shall continue in full 44 force and effect until one year after the report and recommendations of 45 the commission on long term care facilities is delivered to the governor 46 and the legislature when upon such date the provisions of this act shall 47 be deemed repealed; provided that the office for the aging shall notify 48 the legislative bill drafting commission upon the occurrence of the 49 enactment of the legislation provided for in section one of this act in 50 order that the commission may maintain an accurate and timely effective 51 data base of the official text of the laws of the state of New York in 52 furtherance of effectuating the provisions of section 44 of the legisla- 53 tive law and section 70-b of the public officers law.