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A01944 Summary:

BILL NOA01944
 
SAME ASNo Same As
 
SPONSORSimon (MS)
 
COSPNSRBraunstein, Davila, Griffin, Perry, Solages, Stirpe, Zinerman
 
MLTSPNSRBarrett, Barron, Carroll, Colton, Cook, Cymbrowitz, Epstein, Galef, Gottfried, Joyner, Reyes, Rosenthal L, Seawright
 
Add Art 4 270 & 271, 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.
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A01944 Actions:

BILL NOA01944
 
01/13/2021referred to aging
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A01944 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1944
 
SPONSOR: Simon (MS)
  TITLE OF BILL: 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 expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to protect residents of long-term care facilities from being unduly burdened by the closure of the facility where they reside.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. This section would establish the Commission on Long Term Care Facilities as follows: *The Commission's duty would be to study and make recommendations on the following issues: The effects of closures of long-term care facilities on the residents of such facilities; The effects of long-term care closures on the family members of resi- dents; The availability of long-term care facility placements for residents suffering from dementia or Alzheimer's disease or in need of skilled nursing care; Feasibility of arranging comparable placements, as opposed to appropri- ate placements, in other facilities within the same geographic area; The sufficiency of current laws, rules, and regulations governing the relo- cation of residents of a closing long term care facility; and Any other matters the commission deems *The Commission would make recommendations for additional legislation or regulations as needed to govern the closing of long term care facilities and facilitate the relocation of residents. *The Commission would consist of eleven members: -Commissioner of the Department of Health -Director of the State Office for the Aging o. State Attorney General -Resident of the state who has expertise and experience in the fields -long-term care and advocacy -Two appointments by the Temporary President of the Senate -Two appointments by the Speaker of the Assembly -One appointment each by the Minority Leader in each house *The Commission shall report its findings one year after the first meet- ing of the Commission. *The Commission shall be empowered to receive any information it needs from other state agencies and to administer oaths, subpoena witnesses, and require any documents necessary to their work. Section 2. Effective Date - This act shall take effect immediately and expire one year after the report and recommendations are delivered.   JUSTIFICATION: When long term care facilities close, they place a burden on the resi- dents and their families to find a comparable placement at another facility. Seniors who have been living in these facilities for years, especially those who have Alzheimer's or dementia, can be severely stressed and negatively affected by such an uprooting of their life without adequate time to transition. It is vital that these facilities consider the long-term needs of the vulnerable seniors who reside there- in and do a better job of planning for closures to minimize the impact on residents.   PRIOR LEGISLATIVE HISTORY: 2014: A.9134 (Millman) - Reported to Ways and Means 2015-16: A.6390 (Simon) - Referred to Aging 2017-18: A.1029 (Simon) - Referred to Aging 2019-20: A1418 (Simon) - Referred to Aging   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately and shall continue in full force and effect until one year after the report and recommendations of the commission on long term care facilities is delivered to the Governor and the legislature.
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A01944 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1944
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2021
                                       ___________
 
        Introduced by M. of A. SIMON, BRAUNSTEIN, DAVILA, GRIFFIN, PERRY, SOLAG-
          ES, STIRPE -- Multi-Sponsored by -- M. of A. BARRETT, BARRON, CARROLL,
          COLTON,  COOK,  CYMBROWITZ,  EPSTEIN, GALEF, GOTTFRIED, JOYNER, REYES,
          L. ROSENTHAL, SEAWRIGHT -- read once and referred 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 4 to  read
     2  as follows:
     3                                  ARTICLE IV
     4                          LONG TERM CARE FACILITIES
     5  Section 270. Definitions.
     6          271. Commission on long term care facilities.
     7    § 270. 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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01072-01-1

        A. 1944                             2
 
     1    3.  "State  ombudsman"  shall  mean the state long term care ombudsman
     2  appointed by the director pursuant to subdivision three of  section  two
     3  hundred eighteen of this chapter.
     4    §  271.  Commission on long term care facilities. 1. A temporary state
     5  commission, to be known as the commission on long term  care  facilities
     6  (hereinafter  the  "commission"),  is  hereby  created to study and make
     7  recommendations concerning the following:
     8    (a) the effects of closures of long term care facilities on  residents
     9  including,  but not limited to, the disruption of any established commu-
    10  nities within the facility and the physical  and  mental  health  impli-
    11  cations related to moving a resident to a new facility;
    12    (b)  the  effects  of  closures of long term care facilities on family
    13  members of residents including, but not limited  to,  ability  to  visit
    14  residents based on new distance of facility; availability of appropriate
    15  placement  for a resident; and, ensuring the transfer of legal documents
    16  and special care instructions;
    17    (c) the availability of long term care  facility  placements  for  New
    18  Yorkers who need skilled nursing care or who have Alzheimer's disease or
    19  other dementia;
    20    (d)  the feasibility of arranging comparable placements, as opposed to
    21  appropriate placements, in other facilities within the same geographical
    22  area when a long term care facility serves fifty or more residents;
    23    (e) the effectiveness of current laws, rules, and regulations  govern-
    24  ing  the  process of closing a long term care facility, including notice
    25  to residents and assistance to relocate residents; and
    26    (f) such other matters as the commission deems appropriate.
    27    2. The commission shall make  recommendations  for  additional  legis-
    28  lation and/or regulations to govern the closing of long term care facil-
    29  ities and facilitate the relocation of long term care facility residents
    30  in  a manner that is in the best interests of the residents in the event
    31  of a closure of a long term care facility. The commission shall  further
    32  study  the  need, if any, to devise a notification system to alert resi-
    33  dents and families not less than one year in advance of the  closure  or
    34  potential closure of a long term care facility.
    35    3.  (a) The commission shall consist of eleven members to be appointed
    36  as follows: five members shall be appointed by the  governor  and  shall
    37  include  the  commissioner of health, the director of the office for the
    38  aging, the state attorney general, the state ombudsman,  and  one  addi-
    39  tional  member  who  shall be a resident of the state with expertise and
    40  experience in the fields of long term care  and  advocacy;  two  members
    41  shall be appointed by the temporary president of the senate; two members
    42  shall  be  appointed by the speaker of the assembly; one member shall be
    43  appointed by the minority leader of the senate; and one member shall  be
    44  appointed  by  the  minority leader of the assembly.  All of the members
    45  appointed by the temporary president of the senate, the speaker  of  the
    46  assembly,  the  minority leader of the senate and the minority leader of
    47  the assembly shall be residents of the state with expertise and  experi-
    48  ence  in the fields of long term care and advocacy. No person shall be a
    49  member of such commission while such person is a member of the senate or
    50  assembly. Any vacancy on such commission shall be  filled  in  the  same
    51  manner  as  the  original  appointment was made. A chairperson and vice-
    52  chairperson of such commission shall be elected by the majority  of  its
    53  members, all members being present.
    54    (b)  Except  as  provided  in  paragraph  (a)  of this subdivision, no
    55  member, officer or employee of the commission shall be disqualified from
    56  holding any other public office or  employment,  nor  shall  he  or  she

        A. 1944                             3
 
     1  forfeit  any  such office or employment by reason of his or her appoint-
     2  ment hereunder, notwithstanding the provisions of any  general,  special
     3  or local law, ordinance or city charter.
     4    (c) All members of the commission shall be appointed within sixty days
     5  of  the effective date of this section. The first meeting of the commis-
     6  sion shall take place  within  thirty  days  after  appointment  of  all
     7  members of the commission.
     8    4.  The  members  of  the commission shall receive no compensation for
     9  their services.
    10    5. The commission may employ and at pleasure remove such personnel  as
    11  it may deem necessary for the performance of its functions and fix their
    12  compensation  within  the amounts made available by appropriation there-
    13  for, if any, or by donation, if any. The commission may  meet  and  hold
    14  public  and/or  private  hearings within or without the state, and shall
    15  have all the powers of a legislative committee pursuant to the  legisla-
    16  tive law.
    17    6.  For  the  accomplishment  of its purposes, the commission shall be
    18  authorized and empowered to undertake any studies, inquiries, surveys or
    19  analyses it may deem relevant through its own personnel  or  in  cooper-
    20  ation with or by agreement with any other public or private agency.
    21    7. The commission may request and shall receive from any agency in the
    22  state  and  from any subdivision, department, board, bureau, commission,
    23  office, agency or other instrumentality of the state or of any political
    24  subdivision thereof such facilities, assistance and  data  as  it  deems
    25  necessary or desirable for the proper execution of its powers and duties
    26  and to effectuate the purposes set forth in this section.
    27    8. The commission is hereby authorized and empowered to enter into any
    28  agreements and to do and perform any acts that may be necessary, desira-
    29  ble or proper to carry out the purposes and objectives of this section.
    30    9.  The  commission  may  administer  oaths  or affirmations, subpoena
    31  witnesses, compel their attendance, examine them under oath or  affirma-
    32  tion  and  require  the  production  of any books, records, documents or
    33  other evidence it may deem relevant or material to an investigation.
    34    10. The commission shall make a report of its findings and recommenda-
    35  tions and shall submit such report, including  any  recommendations  for
    36  legislative  action  as  it  may  deem necessary and appropriate, to the
    37  governor, the temporary president of the  senate,  the  speaker  of  the
    38  assembly,  the  minority leader of the senate and the minority leader of
    39  the assembly one year after the first meeting of the commission.
    40    § 2. This act shall take effect immediately and shall continue in full
    41  force and effect until one year after the report and recommendations  of
    42  the commission on long term care facilities is delivered to the governor
    43  and the legislature when upon such date the provisions of this act shall
    44  be  deemed repealed; provided that the office for the aging shall notify
    45  the legislative bill drafting commission  upon  the  occurrence  of  the
    46  enactment  of the legislation provided for in section one of this act in
    47  order that the commission may maintain an accurate and timely  effective
    48  data  base  of the official text of the laws of the state of New York in
    49  furtherance of effectuating the provisions of section 44 of the legisla-
    50  tive law and section 70-b of the public officers law.
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