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S03460 Summary:

BILL NOS03460A
 
SAME ASSAME AS A04416-C
 
SPONSORRIVERA
 
COSPNSRHOYLMAN, KRUEGER, MAY, MONTGOMERY, PERSAUD
 
MLTSPNSR
 
Amd 460-d, 461-c, 461-d, 461-e & 461-a, Soc Serv L; amd 29.15, Ment Hyg L
 
Relates to violations of safety conditions in adult care facilities; provides penalties for safety violations and operating without a valid license; prohibits reductions in fines in certain circumstances where a patient is endangered or harmed.
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S03460 Actions:

BILL NOS03460A
 
02/07/2019REFERRED TO SOCIAL SERVICES
03/01/2019COMMITTEE DISCHARGED AND COMMITTED TO HEALTH
05/07/20191ST REPORT CAL.620
05/08/20192ND REPORT CAL.
05/13/2019ADVANCED TO THIRD READING
06/20/2019COMMITTED TO RULES
01/08/2020REFERRED TO HEALTH
03/17/2020AMEND AND RECOMMIT TO HEALTH
03/17/2020PRINT NUMBER 3460A
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S03460 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3460--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 7, 2019
                                       ___________
 
        Introduced  by  Sens. RIVERA, HOYLMAN, KRUEGER, MAY, MONTGOMERY, PERSAUD
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Social Services -- recommitted to  the  Committee  on
          Health  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the social services law and the mental hygiene  law,  in
          relation to violations of safety conditions in adult care facilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Paragraph (b) of subdivision 4 of  section  460-d  of  the
     2  social  services  law, as amended by chapter 733 of the laws of 1994, is
     3  amended to read as follows:
     4    (b) No operating certificate shall be revoked,  suspended  or  limited
     5  without  a  hearing  held  in  accordance with procedures established by
     6  department regulations, which procedures shall require  that  notice  of
     7  the  time  and place of the hearing, and notice of the charges, shall be
     8  served in person or by certified mail addressed to the facility at least
     9  thirty days prior to the date of the hearing. A written  answer  to  the
    10  charges may be filed with the department not less than ten business days
    11  prior  to  the date of the hearing. An operating certificate may, never-
    12  theless, be suspended or limited without a hearing for a period  not  in
    13  excess  of  sixty  days, upon written notice to the facility following a
    14  finding by the department that the public  health,  or  an  individual's
    15  health,  safety  or  welfare, are in imminent danger; provided, however,
    16  that if the department demonstrates reasonable  efforts  to  commence  a
    17  hearing within such sixty day period and to complete such hearing within
    18  a  reasonable  period  of  time,  the  hearing officer may authorize the
    19  department to extend the period  of  suspension  or  limitation  for  an
    20  appropriate  period of time, but in no event beyond an additional thirty
    21  days.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04051-11-0

        S. 3460--A                          2
 
     1    § 2. Subdivision 7 of section 460-d of the  social  services  law,  as
     2  added  by  chapter  669 of the laws of 1977, paragraph (a) as amended by
     3  chapter 719 of the laws of 1989, paragraph (b) as amended by chapter 524
     4  of the laws of 1984, subparagraph 2 of paragraph (b) as amended by chap-
     5  ter 733 of the laws of 1994, is amended to read as follows:
     6    7.  (a)  The  department  shall  adopt  regulations establishing civil
     7  penalties of up to [one] two thousand dollars  per  day  per  violation,
     8  and,  for  repeat violations, under subparagraph two of paragraph (c) of
     9  this subdivision for which a prior penalty was  assessed,  up  to  three
    10  thousand  dollars per day per violation to be assessed against all adult
    11  care facilities except facilities operated by a social services district
    12  for violations of (i) regulations of the department  pertaining  to  the
    13  care  of residents in such facilities, (ii) paragraph (a) of subdivision
    14  three of section four hundred sixty-one-a of this [chapter] article,  or
    15  (iii) an order issued pursuant to subdivision eight of this section. The
    16  regulations  shall  specify  the  violations  subject to penalty and the
    17  amount of the penalty to  be  assessed  in  connection  with  each  such
    18  violation and shall specify that only civil penalties of up to [one] two
    19  thousand  dollars  per  day  per violation shall be assessed pursuant to
    20  this paragraph against an adult care facility found responsible  for  an
    21  act  of retaliation or reprisal against any resident, employee, or other
    22  person for having filed a complaint with or having provided  information
    23  to any long term care [patient] ombudsman functioning in accordance with
    24  section [five hundred forty-four or five hundred forty-five] two hundred
    25  eighteen of the [executive] elder law.
    26    (b)  [(1)] In addition to any other civil or criminal penalty provided
    27  by law, the department shall have the power to assess civil penalties in
    28  accordance with its regulations adopted pursuant  to  paragraph  (a)  of
    29  this  subdivision,  after  a  hearing  conducted  in accordance with the
    30  procedures established by regulations of the department. Such procedures
    31  shall require that notice of the time and place of the hearing, together
    32  with a statement of charges of violations, shall be served in person  or
    33  by  certified  mail addressed to the facility at least thirty days prior
    34  to the date of the hearing. The statement of charges of violations shall
    35  set forth the existence of the violations, the  amount  of  penalty  for
    36  which  it may become liable and the steps which must be taken to rectify
    37  the violation and, where applicable, a  statement  that  the  department
    38  contends  that  a penalty may be imposed under this paragraph regardless
    39  of rectification. An answer to the charges of  violations,  in  writing,
    40  shall  be filed with the department, not less than ten days prior to the
    41  date of hearing. The answer shall notify the department of  the  facili-
    42  ty's  position with respect to each of the charges and shall include all
    43  matters which if not disclosed in the answer would be likely to take the
    44  department by surprise. The commissioner, or a member of his  staff  who
    45  is  designated  and  authorized  by him to hold such hearing, may in his
    46  discretion allow the facility to prove any matter not  included  in  the
    47  answer.
    48    (c)  (1) Where the facility satisfactorily demonstrates that it either
    49  had rectified the violations within thirty  days  of  receiving  written
    50  notification  of  the results of the inspection pursuant to section four
    51  hundred sixty-one-a of this [chapter] article, or had  submitted  within
    52  thirty  days an acceptable plan for rectification and was rectifying the
    53  violations in accordance with the steps and within the additional  peri-
    54  ods of time as accepted by the department in such plan, no penalty shall
    55  be imposed, except as provided in subparagraph two of this paragraph.

        S. 3460--A                          3
 
     1    (2)  Rectification  shall  not preclude the assessment of a penalty if
     2  the department establishes at a hearing  that  a  particular  violation,
     3  although  corrected[,  endangered or resulted in harm to any resident as
     4  the result of]:
     5    (i) endangered any resident. Endangerment is defined as:
     6    (A)  the total or substantial failure of the facility's fire detection
     7  or prevention systems, or emergency evacuation procedures prescribed  by
     8  department safety standard regulations;
     9    [(ii)] (B) the retention of any resident who has been evaluated by the
    10  resident's physician as being medically or mentally unsuited for care in
    11  the  facility  or  as  requiring  placement in a hospital or residential
    12  health care facility and for whom the operator is not making  persistent
    13  efforts to secure appropriate placement;
    14    [(iii)]  (C)  the  failure  in systemic practices and procedures which
    15  shall be defined as widespread or chronic, and  material,  noncompliance
    16  with  statutory or regulatory requirements, including but not limited to
    17  the rights of residents under section four hundred sixty-one-d  of  this
    18  article;
    19    [(iv)]  (D) the failure of the operator to take actions as required by
    20  department regulations in the event of a resident's illness or accident;
    21    [(v)] (E) the failure of the operator to provide at all  times  super-
    22  vision of residents by numbers of staff at least equivalent to the night
    23  staffing requirement set forth in department regulations; or
    24    [(vi)]  (F) [unreasonable] threats of retaliation or taking reprisals,
    25  including but not limited  to  [unreasonable]  threats  of  eviction  or
    26  hospitalization,  against  any  resident,  employee  or other person who
    27  makes a complaint concerning the operation of an  adult  care  facility,
    28  participates in the investigation of a complaint or is the subject of an
    29  action identified in a complaint[.
    30    The  department  shall specify in its regulations those regulations to
    31  which this subparagraph two shall apply.
    32    (3) In assessing penalties pursuant to this paragraph, the  department
    33  shall  consider  promptness  of  rectification,  delay occasioned by the
    34  department, and the specific circumstances of the violations as mitigat-
    35  ing factors.
    36    (c)];
    37    (ii) resulted in harm to any resident, including but not limited to:
    38    (A) physical harm;
    39    (B) loss or denial of access to  money  or  other  personal  property,
    40  including  but not limited to a violation of section one hundred thirty-
    41  one-o of this chapter; or
    42    (C) being subjected to (I) conduct by an operator, administrator, case
    43  manager, or other employee in a supervisory position that  violates  the
    44  rights  of  a  resident  under  section four hundred sixty-one-d of this
    45  article, or (II) an egregious failure  by  an  operator,  administrator,
    46  case  manager, or other employee in a supervisory position to ensure the
    47  rights of a resident under section  four  hundred  sixty-one-d  of  this
    48  article; or
    49    (iii) is an identical repeat violation. Repeat violation is defined as
    50  a  violation  of the same provision of regulation for which the facility
    51  received notice of a citation issued by the department at  any  time  in
    52  the previous twelve months.
    53    (d)  In assessing penalties pursuant to this paragraph, the department
    54  shall consider promptness of  rectification,  delay  occasioned  by  the
    55  department, and the specific circumstances of the violations as mitigat-
    56  ing factors.

        S. 3460--A                          4
 
     1    (e)  Upon  the  request  of  the  department, the attorney general may
     2  commence an action in any court of competent  jurisdiction  against  any
     3  facility  subject  to  the  provisions  of this section, and against any
     4  person or corporation operating such facility, for the recovery  of  any
     5  penalty  assessed by the department in accordance with the provisions of
     6  this subdivision.
     7    [(d)] (f) Any such penalty assessed by the department may be  released
     8  or  compromised  by the department, subject to and consistent with para-
     9  graph (c) of this subdivision, before the matter has  been  referred  to
    10  the  attorney  general,  and  where such matter has been referred to the
    11  attorney general, any such penalty may be released  or  compromised  and
    12  any action commenced to recover the same may be settled and discontinued
    13  by  the attorney general, after considering paragraph (c) of this subdi-
    14  vision and with the consent of the department.
    15    § 3. Paragraphs (a) and (b) of subdivision 9 of section 460-d  of  the
    16  social services law, paragraph (a) as amended by chapter 558 of the laws
    17  of  1999  and paragraph (b) as added by chapter 848 of the laws of 1992,
    18  are amended to read as follows:
    19    (a) The department shall have authority to impose a civil penalty [not
    20  exceeding one thousand dollars per day] consistent with  section  twelve
    21  of  the  public  health law against, and to issue an order requiring the
    22  closing of, after notice and opportunity to be heard, any facility which
    23  does not possess a valid operating certificate issued by the  department
    24  and  is an adult care facility subject to the provisions of this article
    25  and the regulations of the department. A hearing shall be  conducted  in
    26  accordance  with  procedures established by department regulations which
    27  procedures shall require that  notice  of  the  determination  that  the
    28  facility  is  an  adult  care facility and the reasons for such determi-
    29  nation and notice of the time and place of  the  hearing  be  served  in
    30  person  on  the operator, owner or prime lessor, if any, or by certified
    31  mail, return receipt requested, addressed to such person and received at
    32  least twenty days prior to the date of the hearing.  If  such  operator,
    33  owner  or  prime  lessor,  if  any, is not known to the department, then
    34  service may be made by posting a copy thereof  in  a  conspicuous  place
    35  within  the  facility  or  by  sending a copy thereof by certified mail,
    36  return receipt requested, addressed to the facility. A written answer to
    37  the notice of violation may be filed with the department not  less  than
    38  five days prior to the date of the hearing.  Demonstration by the facil-
    39  ity  that  it possessed an operating certificate issued pursuant to this
    40  article, article twenty-eight  of  the  public  health  law  or  article
    41  sixteen,  [twenty-three,] thirty-one or thirty-two of the mental hygiene
    42  law at the time the hearing was commenced shall  constitute  a  complete
    43  defense to any charges made pursuant to this subdivision.
    44    (b)  [The penalty authorized by this section shall begin to run thirty
    45  days after the department provides the  operator,  in  writing,  with  a
    46  summary of the inspection of the facility by which the department deter-
    47  mined  that  he or she is operating an uncertified adult care facility.]
    48  The submission of an  application  by  the  operator  for  an  operating
    49  certificate for the facility shall not act as a bar to the imposition of
    50  a penalty against the operator of an unlicensed adult care facility.
    51    §  4.  Paragraph  (c)  of subdivision 9 of section 460-d of the social
    52  services law is amended by adding a new subparagraph  (iv)  to  read  as
    53  follows:
    54    (iv)  If  the department of health determines, based on a complaint or
    55  other facts known to the department, that there  is  reason  to  believe
    56  that  an individual or entity is operating an adult home, enriched hous-

        S. 3460--A                          5

     1  ing program, or residence for adults which  does  not  possess  a  valid
     2  operating  certificate  issued  by  the department, and that one or more
     3  conditions or activities at such facility constitute or  are  likely  to
     4  give  rise  to  an  immediate danger to the health of the residents, and
     5  awaiting a court order pursuant to subparagraph (iii) of this  paragraph
     6  would  be  seriously  detrimental  to  the health of such residents, the
     7  department of health may, notwithstanding an objection by the  operator,
     8  administrator  or  other  person in charge, inspect the entire premises,
     9  which shall include access to all dwellings on the said  property  which
    10  house tenants/occupants as well as access to such tenants/occupants, for
    11  the  purpose  of ascertaining whether such danger exists or is likely to
    12  arise on an immediate basis. The department of health  may  request  the
    13  assistance  of  local  law enforcement for purposes of carrying out such
    14  inspection and may take any appropriate action  if  it  determines  that
    15  such  danger  exists  or is likely to arise, including issuing a written
    16  notice directing the operator, administrator or other person  in  charge
    17  of such facility to cease or correct the condition or activity at issue.
    18  As  promptly  as  possible  thereafter,  within  a  period not to exceed
    19  fifteen days, the commissioner shall provide the operator an opportunity
    20  to be heard and to present any proof that  such  condition  or  activity
    21  does  not  constitute  a  danger  to the health of the residents of such
    22  facility. The attorney  general,  upon  request  of  the  department  of
    23  health,  shall be authorized to apply to the supreme court in the county
    24  in which the facility is located for an order for any appropriate  addi-
    25  tional relief.
    26    §  5.  Subdivision  11 of section 460-d of the social services law, as
    27  amended by section 154 of subpart B of part C of chapter 62 of the  laws
    28  of 2011, is amended to read as follows:
    29    11.  On or before issuance by the department to an adult care facility
    30  operator of official written notice of: the proposed revocation, suspen-
    31  sion or denial of the operator's operating certificate;  the  limitation
    32  of  the  operating certificate with respect to new admissions; the issu-
    33  ance of a department order or commissioner's order; the seeking of equi-
    34  table relief pursuant to this  section;  the  [proposed]  assessment  of
    35  civil  penalties  for  violations of the provisions of [subparagraph two
    36  of] paragraph [(b)] (c) of subdivision seven of this section  or  place-
    37  ment  on the "do not refer list" pursuant to subdivision fifteen of this
    38  section, written notice also shall be given to the appropriate office of
    39  the department of mental hygiene, department of corrections and communi-
    40  ty supervision and local social services districts, and provided further
    41  that the department of health shall notify hospitals, residential health
    42  care facilities and adult care facilities in the locality in which  such
    43  facility is located that such notice has been issued. Upon resolution of
    44  such  enforcement action the department shall within ten days notify the
    45  appropriate office of the department of mental  hygiene,  department  of
    46  corrections  and  community supervision, local social services districts
    47  [and], hospitals, residential health  care  facilities  and  adult  care
    48  facilities.
    49    §  6.  Subdivision  12 of section 460-d of the social services law, as
    50  amended by section 42 of part B of chapter 58 of the laws  of  2004,  is
    51  amended to read as follows:
    52    12. [Social] Hospitals, residential health care facilities, adult care
    53  facilities,  social  services districts and other local government enti-
    54  ties established pursuant to  this  chapter  shall  be  prohibited  from
    55  making  referrals  for  admissions  to  adult  care facilities that have
    56  received official written notice  regarding:  the  proposed  revocation,

        S. 3460--A                          6
 
     1  suspension  or denial of the operator's operating certificate; the limi-
     2  tation of the operating certificate with respect to new admissions;  the
     3  issuance  of  department  order or commissioner's orders; the seeking of
     4  equitable  relief  pursuant to this section[; the proposed assessment of
     5  civil penalties for violations of the provisions of subparagraph two  of
     6  paragraph  (b)  of subdivision seven of this section]; or the facility's
     7  placement on the "do not refer list" pursuant to subdivision fifteen  of
     8  this section.
     9    §  7.  Section 460-d of the social services law is amended by adding a
    10  new subdivision 18 to read as follows:
    11    18. When the department of health issues official written notice to an
    12  operator of a proposed action specified in subdivision  eleven  of  this
    13  section,  and  the department determines that there is a condition which
    14  constitutes an imminent danger to the health, safety or welfare  of  any
    15  resident,  the  department may prohibit that operator from admitting any
    16  new resident to the facility until the department determines that  there
    17  is  no longer an imminent danger to the health, safety or welfare of any
    18  resident.
    19    § 8. Section 461-c of the social services law is amended by  adding  a
    20  new subdivision 10 to read as follows:
    21    10. The operator of an adult home or an enriched housing program shall
    22  provide  to prospective residents who inquire about admission, and shall
    23  post   on   its   website,   a   copy   of   the   facility's   approved
    24  admission/residency agreement.
    25    §  9.  The  closing paragraph of subdivision 3 of section 461-d of the
    26  social services law, as added by chapter 601 of the  laws  of  1981,  is
    27  amended to read as follows:
    28    Waiver  of  any  provision [contained within] of this subdivision by a
    29  resident of an adult care facility or by the resident's legal  represen-
    30  tative  or  resident  representative,  with  respect to a resident of an
    31  adult home, residence for adults or enriched housing program,  shall  be
    32  void.
    33    §  10. Section 461-e of the social services law is amended by adding a
    34  new subdivision 3-a to read as follows:
    35    3-a. Every adult home and enriched housing program shall:
    36    (a) Post in a prominent position in the facility so as to be  accessi-
    37  ble to all residents and to the general public:
    38    (i)  a summary of any report of inspection based on a complaint issued
    39  by the department of health to the facility  within  the  previous  year
    40  which resulted in the payment of a fine or penalty by the facility; and
    41    (ii)  notice of residents' right to review reports under paragraph (b)
    42  of this subdivision.
    43    (b) Provide to any resident and each applicant for admission an oppor-
    44  tunity to review any report of inspection based on a complaint issued by
    45  the department of health to the facility within the previous year.
    46    (c) Provide to the  resident  council  a  summary  of  any  report  of
    47  inspection based on a complaint issued by the department of health with-
    48  in fourteen days  of receipt by the facility.
    49    § 11. Paragraphs (a), (b) and (c) of subdivision 2 of section 461-a of
    50  the  social  services  law, paragraphs (a) and (c) as amended by chapter
    51  735 of the laws of 1994 and paragraph (b) as amended by chapter  601  of
    52  the laws of 1981, are amended to read as follows:
    53    (a) With respect to adult care facilities the department shall conduct
    54  a  minimum of one unannounced inspection of each such facility to deter-
    55  mine the  adequacy of care being rendered, pursuant to the following:

        S. 3460--A                          7
 
     1    (1) Such facilities [receiving the department's highest rating] deter-
     2  mined by the department to be in compliance  or  substantial  compliance
     3  with  applicable  statutes and regulations, based on the facility's most
     4  recent inspection, shall be  inspected  at  least  once  every  eighteen
     5  months on an unannounced basis.
     6    (2)  All  other  such  facilities shall be inspected on an unannounced
     7  basis no less than annually.   The commissioner  may  provide  for  more
     8  frequent  inspections  of any such facilities. Such inspection shall not
     9  be required with respect to any facility for which the commissioner  has
    10  delegated  responsibility  for  inspection  and  supervision to a social
    11  services official pursuant to  section  four  hundred  sixty-c  of  this
    12  [chapter]  article.  Any employee of the department or a social services
    13  district who gives or causes to be given advance notice  of  such  unan-
    14  nounced  inspections  to  any unauthorized persons shall, in addition to
    15  any other penalty provided by law, be suspended by the department or the
    16  social services district from all duties without pay for at  least  five
    17  days  or  for  such  greater  period of time as the department or social
    18  services district shall determine.  Any such suspension shall be made by
    19  the department or social services district in accordance with all  other
    20  applicable provisions of law.
    21    (b)  [The department or a social services district, where appropriate,
    22  shall each year conduct a minimum of one full inspection of  each  adult
    23  care  facility. Such inspection] An inspection of an adult care facility
    24  under this section shall include, but shall not be limited to,  examina-
    25  tion of the medical, dietary and social services records of the facility
    26  as well as the minimum standards of construction, life safety standards,
    27  quality  and  adequacy  of  care,  rights of residents, payments and all
    28  other areas of operation. The purpose of  any  inspection  shall  be  to
    29  determine  compliance  with requirements of applicable provisions of law
    30  and regulations of the department.
    31    (c) (i) An inspection report shall be made of  each  inspection  which
    32  shall  clearly  identify  and indicate in detail each area of operation,
    33  including, but not limited to, the premises, equipment, personnel, resi-
    34  dent care and services, and whether [each] any such area of operation or
    35  any of its component parts is [or is] not in compliance with  the  regu-
    36  lations of the department and all other applicable requirements. It also
    37  shall  identify  those  areas of operation or any of its component parts
    38  found not in compliance as a result of failure in systemic practices and
    39  procedures. The operator  shall  be  notified  of  the  results  of  the
    40  inspection in a manner to be determined by regulations of the department
    41  and  shall  submit a written plan of correction to the department within
    42  thirty calendar days from the date the inspection  report  is  received.
    43  The  department  shall  notify  the operator of the acceptability of the
    44  plan of correction within  thirty  calendar  days  of  the  department's
    45  receipt of such plan.  Such notification shall contain directions as may
    46  be appropriate as to the manner and time in which compliance with appli-
    47  cable  requirements  of  law  or  regulations of the department shall be
    48  effected.
    49    (ii) The department shall also require the operator of an adult  home,
    50  enriched  housing program or residence for adults to develop, biannually
    51  update and implement plans for quality  assurance  activities  for  each
    52  area  of  operation.  Quality  assurance  activities include but are not
    53  limited to, development and maintenance of performance standards,  meas-
    54  urement of adherence to such standards and to applicable state and local
    55  laws  and  regulations,  identification of performance failures, design,
    56  and implementation of corrective action.

        S. 3460--A                          8
 
     1    § 12. Subparagraphs (I) and (II) of paragraph 2 of subdivision (i)  of
     2  section  29.15  of  the mental hygiene law, as amended by chapter 168 of
     3  the laws of 2010, are amended to read as follows:
     4    (I)  A patient about to be discharged or conditionally released from a
     5  department facility licensed or operated by the office for  people  with
     6  developmental  disabilities  or  from  an inpatient facility operated or
     7  licensed by the office of [alcoholism  and  substance  abuse]  addiction
     8  services  and  supports or the office of mental health to an adult home,
     9  enriched housing program or residence for adults, as defined in  section
    10  two  of  the social services law, shall be referred only to such home or
    11  residence that is consistent with that patient's needs and that operates
    12  pursuant to section four hundred  sixty  of  the  social  services  law,
    13  provided  further  that: (A) for a department facility licensed or oper-
    14  ated by the office for people with developmental disabilities or for  an
    15  inpatient  facility  operated by the office of [alcoholism and substance
    16  abuse] addiction services and supports or the office of  mental  health,
    17  the  facility  director retains authority to determine whether the home,
    18  program or residence is consistent with that  patient's  needs  and  (B)
    19  such referral shall be made to the patient's home county whenever possi-
    20  ble or appropriate.
    21    (II)  No patient about to be discharged or conditionally released from
    22  a department facility licensed or operated by the office for people with
    23  developmental disabilities or from an  inpatient  facility  operated  or
    24  licensed  by  the  office  of [alcoholism and substance abuse] addiction
    25  services and supports or the office of mental health shall  be  referred
    26  to  any adult home, enriched housing program or residence for adults, as
    27  defined in section two of the social services law, which has received an
    28  official written notice from  the  department  of  health  of:  (A)  the
    29  proposed  revocation, suspension or denial of its operating certificate;
    30  (B) the limitation of its operating  certificate  with  respect  to  new
    31  admissions;  (C) the issuance of a department of health order or commis-
    32  sioner of health's order or the seeking of equitable relief pursuant  to
    33  section  four  hundred  sixty-d  of  the  social  services  law; (D) the
    34  proposed assessment of civil penalties for violations of the  provisions
    35  of  [subparagraph  two  of]  paragraph [(b)] (c) of subdivision seven of
    36  section four hundred sixty-d of the social services law; or placement on
    37  the "do not refer list" pursuant to subdivision fifteen of section  four
    38  hundred  sixty-d  of  the social services law. Referrals may resume when
    39  such enforcement actions are resolved.
    40    § 13. Severability clause. If any provision of this act, or any appli-
    41  cation of any provision of this act,  is  held  to  be  invalid,  or  to
    42  violate  or  be  inconsistent  with  any federal law or regulation, that
    43  shall not affect the validity or effectiveness of any other provision of
    44  this act, which can be given effect without that provision  or  applica-
    45  tion;  and  to that end, the provisions and applications of this act are
    46  severable.
    47    § 14. This act shall take effect on the ninetieth day after  it  shall
    48  have  become  a  law.  Effective immediately, the commissioner of health
    49  shall make regulations and take other  actions  necessary  to  implement
    50  this act on that date.
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