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A01051 Summary:

BILL NOA01051A
 
SAME ASSAME AS S04451-A
 
SPONSORSimon
 
COSPNSRArroyo, Blake, Barrett, Braunstein, Colton, Cook, Dinowitz, Gottfried, Jaffee, Joyner, Miller MG, Otis, Perry, Skoufis, Steck, Titone, Mosley, Abinanti, Rosenthal L, Sepulveda, Carroll, D'Urso, Barron
 
MLTSPNSRHikind, Magee
 
Add Art 46-B Title 2 4653-a, Pub Health L
 
Specifies procedures for the closure and/or decertification of assisted living residences; requires written notice and department approval and shall include timetables.
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A01051 Actions:

BILL NOA01051A
 
01/10/2017referred to health
01/17/2017reported referred to codes
01/24/2017reported
01/26/2017advanced to third reading cal.17
02/07/2017passed assembly
02/07/2017delivered to senate
02/07/2017REFERRED TO HEALTH
06/05/2017recalled from senate
06/05/2017RETURNED TO ASSEMBLY
06/05/2017vote reconsidered - restored to third reading
06/05/2017amended on third reading (t) 1051a
01/03/2018ordered to third reading cal.71
06/18/2018passed assembly
06/18/2018delivered to senate
06/18/2018REFERRED TO RULES
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A01051 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1051A
 
SPONSOR: Simon (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to specifying procedures for the closure and/or decertification of assisted living residences   PURPOSE OR GENERAL IDEA OF BILL: Specifies procedures for the closure of assisted living residences.   SUMMARY OF SPECIFIC PROVISIONS: In the event that an operator of an assisted living residence elects to close the residence and to surrender an operating certificate and or certification as an enhanced or special needs assisted living residence, the operator shall notify the appropriate regional office of the depart- ment in writing at least one hundred and twenty days prior to the antic- ipated date of closure. Such written notice shall include a proposed plan for closure and decertification.   JUSTIFICATION: Under current rules and regulations the closure of an assisted living facility only requires the operator to give ninety days' notice. This bill will increase the amount of time the residents have to acquire new living accommodations. Today even older New Yorkers of means can have difficulty finding a place to live. With seniors being evicted in 90 days with limited places to go it makes it all the more difficult for our elderly population. Giving them 120 days would alleviate some of the stress of this situation.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: Failure to notify the department of intent to cease operations, failure to submit an approvable plan to execute the approved plan, closure or decertification before all residents have been appropriately relocated, shall result in the imposition of civil penalties.   EFFECTIVE DATE: This act shall take effect immediately
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A01051 Text:



 
                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.
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