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S03932 Summary:

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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S03932 Actions:

03/16/20211ST REPORT CAL.557
03/17/20212ND REPORT CAL.
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S03932 Memo:

Memo not available
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S03932 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                    February 1, 2021
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Aging
        AN ACT to amend the public health law, in relation to specifying  proce-
          dures  for the closure and/or decertification of assisted living resi-

          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;
    21    (iii)  assist  residents in relocating and transferring to appropriate
    22  alternative settings; and
    23    (iv) maintain compliance with approved plan until all  residents  have
    24  relocated.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3932                             2
     1    2.  (a) The operator shall take no action to close the assisted living
     2  residence prior to approval  from  the  commissioner  of  the  plan  for
     3  closure and/or decertification.
     4    (b)  The  operator shall not close the assisted living residence until
     5  all  residents  thereof  have  transferred  to  appropriate  alternative
     6  settings.
     7    (c)  The  operator  shall not increase the amount of any rent, fees or
     8  other surcharges imposed upon the residents of the assisted living resi-
     9  dence, their residents' representatives, and/or  any  applicable  health
    10  insurance  plan,  long  term care plan or other insurance plan providing
    11  payment to the residence on behalf of the resident prior to the approval
    12  of the plan for closure  and/or  decertification  by  the  commissioner,
    13  provided however, that the operator may increase the amount of any rent,
    14  fees or other surcharges imposed upon an individual resident correspond-
    15  ing  with  an increase in the individual's supplemental security income;
    16  the total of such increases for  an  individual  shall  not  exceed  the
    17  amount of the increase in the individual's supplemental security income.
    18    (d)  The  operator  shall not accept new residents or applications for
    19  residency after the  operator  has  notified  the  appropriate  regional
    20  office  of  the  department  that  the  operator intends to close and/or
    21  decertify the assisted living residence.
    22    3. As part of the final approval of the closure plan, the  department,
    23  center for health care quality and surveillance and operator shall agree
    24  upon  a  target closure date, which shall be at least one hundred twenty
    25  days from the actual date that the operator provides  written  notifica-
    26  tion to the residents and the residents' representatives of the closure.
    27  In  providing  notification  of  such  target closure date, the operator
    28  shall also notify residents  and  the  residents'  representatives  that
    29  additional  time  will  be  provided  to  residents  who make good faith
    30  efforts, as determined by the commissioner,  to  secure  an  alternative
    31  setting  and  have demonstrated a reasonable basis for needing more than
    32  one hundred twenty  days  to  transfer  to  an  appropriate  alternative
    33  setting,  so  long  as  it remains safe and appropriate to reside in the
    34  assisted living residence at such time.
    35    4. The operator shall implement  the  approved  plan  to  ensure  that
    36  arrangements  for  continued  care  which  meet  each resident's social,
    37  emotional and health care needs are effectuated prior to closure  and/or
    38  decertification.
    39    5.  Failure  to  notify  the department of intent to cease operations,
    40  failure to submit a plan for closure and/or decertification, failure  to
    41  execute the approved plan for closure and/or decertification and closing
    42  an assisted living residence before all residents have been appropriate-
    43  ly  relocated,  shall  result  in  the  imposition of civil penalties in
    44  accordance with section twelve of this chapter.
    45    6. The commissioner may promulgate such rules and regulations as he or
    46  she deems necessary to implement the provisions of this section.
    47    § 2. This act shall take effect on the first of January next  succeed-
    48  ing the date on which it shall have become a law, and shall apply to all
    49  closures of assisted living residences occurring on or after such effec-
    50  tive date and to all closures of assisted living residences pending such
    51  effective date; provided, however, that effective immediately, the addi-
    52  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    53  the implementation of this act on its effective date are authorized  and
    54  directed to be made and completed on or before such effective date.
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