Bill Text: NY A01051 | 2017-2018 | General Assembly | Introduced

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

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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 26-0)

Status: (Engrossed - Dead) 2018-06-18 - REFERRED TO RULES [A01051 Detail]

Download: New_York-2017-A01051-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1051
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2017
                                       ___________
        Introduced  by  M.  of  A.  SIMON,  ARROYO,  BLAKE, BARRETT, BRAUNSTEIN,
          COLTON, COOK, DINOWITZ, GOTTFRIED, JAFFEE, JOYNER, M. G. MILLER, OTIS,
          PERRY, SKOUFIS, STECK, TITONE, MOSLEY, ABINANTI, ROSENTHAL  --  Multi-
          Sponsored  by  -- M.  of A. HIKIND, MAGEE -- read once and referred to
          the Committee on Health
        AN ACT to amend the public health law, in relation to specifying  proce-
          dures for the closure of privately funded 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    §  4653-a. Closure of privately funded assisted living residences.  1.
     4  For purposes of this section, privately  funded  means  a  residence  in
     5  which the residents are not recipients of supplemental security income.
     6    2. In the event that an operator of a privately funded assisted living
     7  residence  elects  to  close the residence and to surrender an operating
     8  certificate  and/or  certification  as  an  enhanced  or  special  needs
     9  assisted living residence, the following provisions shall apply:
    10    (a)  The  operator shall notify the appropriate regional office of the
    11  department in writing prior to the anticipated date of  closure  of  the
    12  assisted  living  residence and, if applicable, the adult care facility,
    13  and/or the decertification of the residence.
    14    (b) Such written notice shall include  a  proposed  plan  for  closure
    15  and/or   decertification.  The  plan  shall  be  subject  to  department
    16  approval, shall include timetables for all steps entailed in the closure
    17  process and shall describe the procedures and actions the operator  will
    18  take to:
    19    (i) notify residents of the closure, and/or decertification, including
    20  provisions  for  termination  of  admission  agreements  and involuntary
    21  discharge;
    22    (ii) assess the needs and preferences of individual residents;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00788-01-7
        A. 1051                             2
     1    (iii) assist residents in locating  and  transferring  to  appropriate
     2  alternative settings; and
     3    (iv)  maintain  compliance  with these regulations until all residents
     4  have relocated.
     5    3. (a) The operator shall take no action to close the residence  prior
     6  to department approval of the plan for closure and/or decertification.
     7    (b)  The operator shall not close the residence until all residents of
     8  the residence have transferred to appropriate alternative settings.
     9    (c) The operator shall not increase the amount of any  rent,  fees  or
    10  other  surcharges  charged to the residents of the assisted living resi-
    11  dence, their families or their insurance companies,  if  any,  prior  to
    12  department  approval of the plan for closure and/or decertification. The
    13  operator shall not institute any new fees or other surcharges charged to
    14  the residents of the assisted living residence, their families or  their
    15  insurance  companies,  if  any, prior to department approval of the plan
    16  for closure and/or decertification.
    17    (d) The operator shall not accept new residents  or  applications  for
    18  residency  after  the  operator  has  notified  the appropriate regional
    19  office of the department that the operator intends to close or decertify
    20  the assisted living residence.
    21    4. As part of the final approval of the closure plan,  the  department
    22  and  operator  shall agree upon a target closure date, which shall be at
    23  least one hundred twenty days from the actual date the operator notifies
    24  residents of the closure.  In  providing  notification  of  such  target
    25  closure date to residents, the operator shall also notify residents that
    26  additional  time  will  be  provided  to  residents  who make good faith
    27  efforts to secure an alternative setting and have demonstrated a reason-
    28  able basis for needing more than one hundred twenty days to transfer  to
    29  an  appropriate  alternative  setting,  so  long  as it remains safe and
    30  appropriate to reside in the building at such time.
    31    5. The operator shall implement  the  approved  plan  to  insure  that
    32  arrangements  for  continued  care  which  meet  each resident's social,
    33  emotional and health needs  are  effectuated  prior  to  closure  and/or
    34  decertification.
    35    6.  Failure  to  notify  the department of intent to cease operations,
    36  failure to submit an approvable  plan  to  execute  the  approved  plan,
    37  closure  or decertification before all residents have been appropriately
    38  relocated, shall result in the imposition of civil penalties.
    39    § 2. This act shall take effect on the first of January next  succeed-
    40  ing the date on which it shall have become a law, and shall apply to all
    41  closures  of privately funded assisted living residences occurring on or
    42  after such effective date  and  to  all  closures  of  privately  funded
    43  assisted living residences pending such effective date.