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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9428--A
                                 I N  A S S E M B L Y
                                    April 29, 2014
                                      ___________
       Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
         tee on Health -- committee discharged, bill amended, ordered reprinted
         as amended and recommitted to said committee
       AN ACT to amend the public health law, in relation to specifying  proce-
         dures for the closure of 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  AN ASSISTED LIVING RESIDENCE. 1. IN THE EVENT
    4  THAT AN OPERATOR OF AN ASSISTED LIVING RESIDENCE  ELECTS  TO  CLOSE  THE
    5  RESIDENCE AND TO SURRENDER AN OPERATING CERTIFICATE AND/OR CERTIFICATION
    6  AS AN ENHANCED OR SPECIAL NEEDS ASSISTED LIVING RESIDENCE, THE FOLLOWING
    7  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 ASSISTED LIVING RESIDENCE AND, IF
   11  APPLICABLE, THE ADULT CARE FACILITY, AND/OR THE DECERTIFICATION  OF  THE
   12  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
   24    (IV) MAINTAIN COMPLIANCE WITH THESE REGULATIONS  UNTIL  ALL  RESIDENTS
   25  HAVE RELOCATED.
   26    2.  (A) THE OPERATOR SHALL TAKE NO ACTION TO CLOSE THE RESIDENCE PRIOR
   27  TO DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14852-02-4
       A. 9428--A                          2
    1    (B) THE OPERATOR SHALL NOT CLOSE THE RESIDENCE UNTIL ALL RESIDENTS  OF
    2  THE RESIDENCE HAVE TRANSFERRED TO APPROPRIATE ALTERNATIVE SETTINGS.
    3    (C)  THE  OPERATOR  SHALL NOT INCREASE THE AMOUNT OF ANY RENT, FEES OR
    4  OTHER SURCHARGES CHARGED TO THE RESIDENTS OF THE ASSISTED  LIVING  RESI-
    5  DENCE,  THEIR  FAMILIES  OR  THEIR INSURANCE COMPANIES, IF ANY, PRIOR TO
    6  DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.  THE
    7  OPERATOR SHALL INSTITUTE ANY NEW FEES OR OTHER SURCHARGES CHARGED TO THE
    8  RESIDENTS  OF  THE  ASSISTED  LIVING  RESIDENCE, THEIR FAMILIES OR THEIR
    9  INSURANCE COMPANIES, IF ANY, PRIOR TO DEPARTMENT APPROVAL  OF  THE  PLAN
   10  FOR CLOSURE AND/OR DECERTIFICATION.
   11    (D)  THE  OPERATOR  SHALL NOT ACCEPT NEW RESIDENTS OR APPLICATIONS FOR
   12  RESIDENCY AFTER THE  OPERATOR  HAS  NOTIFIED  THE  APPROPRIATE  REGIONAL
   13  OFFICE OF THE DEPARTMENT THAT THE OPERATOR INTENDS TO CLOSE OR DECERTIFY
   14  THE ASSISTED LIVING RESIDENCE.
   15    3.  THE  OPERATOR  SHALL  IMPLEMENT  THE  APPROVED PLAN TO INSURE THAT
   16  ARRANGEMENTS FOR CONTINUED  CARE  WHICH  MEET  EACH  RESIDENT'S  SOCIAL,
   17  EMOTIONAL  AND  HEALTH  NEEDS  ARE  EFFECTUATED  PRIOR TO CLOSURE AND/OR
   18  DECERTIFICATION.
   19    4. FAILURE TO NOTIFY THE DEPARTMENT OF  INTENT  TO  CEASE  OPERATIONS,
   20  FAILURE  TO  SUBMIT  AN  APPROVABLE  PLAN  TO EXECUTE THE APPROVED PLAN,
   21  CLOSURE OR DECERTIFICATION BEFORE ALL RESIDENTS HAVE BEEN  APPROPRIATELY
   22  RELOCATED, SHALL RESULT IN THE IMPOSITION OF CIVIL PENALTIES.
   23    S  2.  This  act  shall take effect immediately and shall apply to all
   24  closures of assisted living residences occurring on or after such effec-
   25  tive date and to all closures of assisted living residences pending such
   26  effective date.