Bill Text: NY S03932 | 2021-2022 | General Assembly | Introduced
Bill Title: Specifies procedures for the closure and/or decertification of assisted living residences; requires written notice and department approval and shall include timetables.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-06-01 - SUBSTITUTED BY A2211 [S03932 Detail]
Download: New_York-2021-S03932-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3932 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- 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; 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. LBD01097-01-1S. 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.
