Bill Text: NY A09428 | 2013-2014 | General Assembly | Amended

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Bill Title: Specifies procedures for the closure of privately funded assisted living residences.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Engrossed - Dead) 2014-06-16 - REFERRED TO RULES [A09428 Detail]

Download: New_York-2013-A09428-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9428--B
                                 I N  A S S E M B L Y
                                    April 29, 2014
                                      ___________
       Introduced  by  M. of A. MILLMAN, GOTTFRIED -- read once and referred to
         the Committee on Health -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee -- reported and
         referred to the Committee  on  Codes  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the public health law, in relation to specifying  proce-
         dures for the closure of for profit assisted living residences
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 46-B of the public health law is amended by  adding
    2  a new section 4653-a to read as follows:
    3    S  4653-A. CLOSURE OF FOR PROFIT ASSISTED LIVING RESIDENCES. 1. IN THE
    4  EVENT THAT AN OPERATOR OF A FOR PROFIT ASSISTED LIVING RESIDENCE  ELECTS
    5  TO  CLOSE THE RESIDENCE AND TO SURRENDER AN OPERATING CERTIFICATE AND/OR
    6  CERTIFICATION AS AN ENHANCED OR SPECIAL NEEDS ASSISTED LIVING RESIDENCE,
    7  THE FOLLOWING PROVISIONS SHALL APPLY:
    8    (A) THE OPERATOR SHALL NOTIFY THE APPROPRIATE REGIONAL OFFICE  OF  THE
    9  DEPARTMENT  IN  WRITING  AT  LEAST  ONE HUNDRED EIGHTY DAYS PRIOR TO THE
   10  ANTICIPATED DATE OF CLOSURE OF THE FOR PROFIT ASSISTED LIVING  RESIDENCE
   11  AND,  IF APPLICABLE, THE ADULT CARE FACILITY, AND/OR THE DECERTIFICATION
   12  OF THE RESIDENCE.
   13    (B) SUCH WRITTEN NOTICE SHALL INCLUDE  A  PROPOSED  PLAN  FOR  CLOSURE
   14  AND/OR   DECERTIFICATION.  THE  PLAN  SHALL  BE  SUBJECT  TO  DEPARTMENT
   15  APPROVAL, SHALL INCLUDE TIMETABLES FOR ALL STEPS ENTAILED IN THE CLOSURE
   16  PROCESS AND SHALL DESCRIBE THE PROCEDURES AND ACTIONS THE OPERATOR  WILL
   17  TAKE TO:
   18    (I) NOTIFY RESIDENTS OF THE CLOSURE, AND/OR DECERTIFICATION, INCLUDING
   19  PROVISIONS  FOR  TERMINATION  OF  ADMISSION  AGREEMENTS  AND INVOLUNTARY
   20  DISCHARGE;
   21    (II) ASSESS THE NEEDS AND PREFERENCES OF INDIVIDUAL RESIDENTS;
   22    (III) ASSIST RESIDENTS IN LOCATING  AND  TRANSFERRING  TO  APPROPRIATE
   23  ALTERNATIVE SETTINGS; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14852-03-4
       A. 9428--B                          2
    1    (IV)  MAINTAIN  COMPLIANCE  WITH THESE REGULATIONS UNTIL ALL RESIDENTS
    2  HAVE RELOCATED.
    3    2.  (A) THE OPERATOR SHALL TAKE NO ACTION TO CLOSE THE RESIDENCE PRIOR
    4  TO DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.
    5    (B) THE OPERATOR SHALL NOT CLOSE THE RESIDENCE UNTIL ALL RESIDENTS  OF
    6  THE RESIDENCE HAVE TRANSFERRED TO APPROPRIATE ALTERNATIVE SETTINGS.
    7    (C)  THE  OPERATOR  SHALL NOT INCREASE THE AMOUNT OF ANY RENT, FEES OR
    8  OTHER SURCHARGES CHARGED TO THE RESIDENTS OF THE ASSISTED  LIVING  RESI-
    9  DENCE,  THEIR  FAMILIES  OR  THEIR INSURANCE COMPANIES, IF ANY, PRIOR TO
   10  DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.  THE
   11  OPERATOR SHALL NOT INSTITUTE ANY NEW FEES OR OTHER SURCHARGES CHARGED TO
   12  THE  RESIDENTS OF THE ASSISTED LIVING RESIDENCE, THEIR FAMILIES OR THEIR
   13  INSURANCE COMPANIES, IF ANY, PRIOR TO DEPARTMENT APPROVAL  OF  THE  PLAN
   14  FOR CLOSURE AND/OR DECERTIFICATION.
   15    (D)  THE  OPERATOR  SHALL NOT ACCEPT NEW RESIDENTS OR APPLICATIONS FOR
   16  RESIDENCY AFTER THE  OPERATOR  HAS  NOTIFIED  THE  APPROPRIATE  REGIONAL
   17  OFFICE OF THE DEPARTMENT THAT THE OPERATOR INTENDS TO CLOSE OR DECERTIFY
   18  THE FOR PROFIT ASSISTED LIVING RESIDENCE.
   19    3.  THE  OPERATOR  SHALL  IMPLEMENT  THE  APPROVED PLAN TO INSURE THAT
   20  ARRANGEMENTS FOR CONTINUED  CARE  WHICH  MEET  EACH  RESIDENT'S  SOCIAL,
   21  EMOTIONAL  AND  HEALTH  NEEDS  ARE  EFFECTUATED  PRIOR TO CLOSURE AND/OR
   22  DECERTIFICATION.
   23    4. FAILURE TO NOTIFY THE DEPARTMENT OF  INTENT  TO  CEASE  OPERATIONS,
   24  FAILURE  TO  SUBMIT  AN  APPROVABLE  PLAN  TO EXECUTE THE APPROVED PLAN,
   25  CLOSURE OR DECERTIFICATION BEFORE ALL RESIDENTS HAVE BEEN  APPROPRIATELY
   26  RELOCATED, SHALL RESULT IN THE IMPOSITION OF CIVIL PENALTIES.
   27    S  2.  This  act  shall take effect immediately and shall apply to all
   28  closures of for profit assisted living residences occurring on or  after
   29  such  effective  date  and to all closures of for profit assisted living
   30  residences pending such effective date.