Bill Text: NY A09427 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires the department of public health to conduct a hearing prior to approving a closure of an assisted living facility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-29 - referred to health [A09427 Detail]

Download: New_York-2013-A09427-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9427
                                 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
       AN ACT to amend the public health law,  in  relation  to  requiring  the
         department  of public health to conduct a hearing prior to approving a
         closure of an assisted living facility
         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. HEARING PRIOR TO CLOSURE OF AN ASSISTED LIVING RESIDENCE. 1.
    4  BEFORE IT MAY APPROVE ANY PROPOSED  PLAN  FOR  CLOSURE  OF  AN  ASSISTED
    5  LIVING  RESIDENCE,  THE  DEPARTMENT,  THROUGH  THE  APPROPRIATE REGIONAL
    6  OFFICE OF THE DEPARTMENT, SHALL CONDUCT A HEARING TO ASSESS  THE  EFFEC-
    7  TIVENESS  OF  THE PROPOSED CLOSURE PLAN AND THE IMPACT OF THE CLOSURE ON
    8  THE RESIDENTS OF THE ASSISTED LIVING RESIDENCE AND ON THE  COMMUNITY  IN
    9  WHICH THE RESIDENCE IS LOCATED.
   10    2.  (A)  UPON RECEIVING WRITTEN NOTICE FROM AN OPERATOR OF AN ASSISTED
   11  LIVING RESIDENCE THAT THE OPERATOR ELECTS TO CLOSE THE RESIDENCE AND  TO
   12  SURRENDER  AN  OPERATING CERTIFICATE AND/OR CERTIFICATION AS AN ENHANCED
   13  OR SPECIAL NEEDS ASSISTED LIVING  RESIDENCE,  THE  APPROPRIATE  REGIONAL
   14  OFFICE  OF  THE DEPARTMENT SHALL CONDUCT THE HEARING, UPON NOTICE TO THE
   15  OPERATOR AND THE MUNICIPALITY OR COMMUNITY BOARD, AND  SHALL  STATE  AND
   16  FILE IN ITS OFFICE ITS REASONS THEREFOR.
   17    (B)  THE  HEARING  SHALL BE HELD NO LATER THAN THE THIRTIETH DAY AFTER
   18  THE DEPARTMENT RECEIVED WRITTEN NOTICE THAT THE OPERATOR ELECTS TO CLOSE
   19  THE RESIDENCE AND TO SURRENDER AN OPERATING CERTIFICATE  AND/OR  CERTIF-
   20  ICATION AS AN ENHANCED OR SPECIAL NEEDS ASSISTED LIVING RESIDENCE.
   21    (C)  THE  HEARING  MAY BE RESCHEDULED, ADJOURNED OR CONTINUED, AND THE
   22  APPROPRIATE REGIONAL OFFICE OF THE DEPARTMENT SHALL GIVE NOTICE  TO  THE
   23  OPERATOR  AND  THE  MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
   24  ULED, ADJOURNED OR CONTINUED HEARING.
   25    (D) HEARINGS CONDUCTED PURSUANT TO THE PROVISIONS OF THIS  SUBDIVISION
   26  SHALL BE OPEN TO THE PUBLIC.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14856-01-4
       A. 9427                             2
    1    3. (A) ISSUES TO BE CONSIDERED AT THE HEARING REQUIRED BY THIS SECTION
    2  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE SUFFICIENCY OF THE OPERATOR'S
    3  PROPOSED PLAN FOR CLOSURE AND/OR DECERTIFICATION AND THE  TIMETABLE  FOR
    4  THE CLOSURE OR DECERTIFICATION AND THE PROCEDURES AND ACTIONS THE OPERA-
    5  TOR WILL TAKE TO:
    6    (I) NOTIFY RESIDENTS OF THE CLOSURE, AND/OR DECERTIFICATION, INCLUDING
    7  PROVISIONS  FOR  TERMINATION  OF  ADMISSION  AGREEMENTS  AND INVOLUNTARY
    8  DISCHARGE;
    9    (II) ASSESS THE NEEDS AND PREFERENCES OF INDIVIDUAL RESIDENTS; AND
   10    (III) ASSIST RESIDENTS IN LOCATING  AND  TRANSFERRING  TO  APPROPRIATE
   11  ALTERNATIVE SETTINGS.
   12    (B)  THE  APPROPRIATE  REGIONAL  OFFICE  OF  THE DEPARTMENT SHALL MAKE
   13  PUBLIC ITS FINDINGS NOT MORE THAN SIXTY DAYS AFTER THE CONCLUSION OF THE
   14  HEARING BY POSTING A COPY OF ITS FINDING ON THE DEPARTMENT'S WEBSITE AND
   15  MAINTAINING AT LEAST THREE PAPER COPIES OF THE FINDINGS IN THE  REGIONAL
   16  OFFICE.  SUCH  PAPER  COPIES  SHALL  BE MADE AVAILABLE TO THE PUBLIC FOR
   17  REVIEW UPON REQUEST.
   18    (C) NO PLAN FOR THE CLOSURE OF AN ASSISTED LIVING RESIDENCE  SHALL  BE
   19  APPROVED  UNTIL  THE  HEARING  FINDINGS  HAVE BEEN MADE AVAILABLE TO THE
   20  PUBLIC FOR AT LEAST THIRTY DAYS. ANY PLAN FOR THE CLOSURE OF AN ASSISTED
   21  LIVING RESIDENCE THAT IS APPROVED AFTER THE THIRTY DAY  PERIOD  REQUIRED
   22  BY THIS PARAGRAPH SHALL PROVIDE AT LEAST NINETY DAYS NOTICE TO THE RESI-
   23  DENTS  OF  THE ASSISTED LIVING RESIDENCE OF THE IMPENDING CLOSURE OF THE
   24  RESIDENCE.
   25    4. (A) IN ADDITION TO THE HEARING REQUIRED BY THIS SECTION, THE APPRO-
   26  PRIATE REGIONAL OFFICE OF THE DEPARTMENT MAY ALSO CONDUCT A PUBLIC MEET-
   27  ING REGARDING THE PROPOSED CLOSURE  OF  THE  ASSISTED  LIVING  FACILITY,
   28  BEFORE  THE DEPARTMENT APPROVES A PLAN FOR CLOSURE OF AN ASSISTED LIVING
   29  RESIDENCE, UPON NOTICE TO THE OPERATOR AND THE MUNICIPALITY OR COMMUNITY
   30  BOARD.
   31    (B) THE PUBLIC MEETING MAY BE RESCHEDULED, ADJOURNED OR CONTINUED, AND
   32  THE APPROPRIATE REGIONAL OFFICE OF THE DEPARTMENT SHALL GIVE  NOTICE  TO
   33  THE  OPERATOR  AND  THE  MUNICIPALITY  OR  COMMUNITY  BOARD  OF ANY SUCH
   34  RESCHEDULED, ADJOURNED OR CONTINUED PUBLIC MEETING.
   35    5. AS CONTEMPLATED IN THIS SECTION,  NOTICE  TO  THE  MUNICIPALITY  OR
   36  COMMUNITY  BOARD  SHALL  MEAN WRITTEN NOTICE MAILED BY THE DEPARTMENT TO
   37  SUCH MUNICIPALITY OR COMMUNITY BOARD AT LEAST FIFTEEN DAYS IN ADVANCE OF
   38  ANY HEARING OR PUBLIC MEETING SCHEDULED PURSUANT TO  THE  PROVISIONS  OF
   39  THIS  SECTION.  UPON  THE REQUEST OF THE DEPARTMENT, ANY MUNICIPALITY OR
   40  COMMUNITY BOARD MAY WAIVE THE FIFTEEN DAY NOTICE REQUIREMENT.
   41    S 2. This act shall take effect immediately.