Bill Text: NY S04232 | 2019-2020 | General Assembly | Introduced


Bill Title: Creates a temporary state commission to study and investigate the effects of closures of long term care facilities on the residents of such facilities and their families.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-05 - REFERRED TO AGING [S04232 Detail]

Download: New_York-2019-S04232-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4232
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 5, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Aging
        AN ACT to amend the elder law, in relation to creating a temporary state
          commission to study and investigate the effects of  closures  of  long
          term  care  facilities  on  the residents of such facilities and their
          families; and providing for the repeal of such provisions upon expira-
          tion thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The elder law is amended by adding a new article 4 to read
     2  as follows:
     3                                  ARTICLE IV
     4                          LONG TERM CARE FACILITIES
     5  Section 270. Definitions.
     6          271. Commission on long term care facilities.
     7    § 270. Definitions. As used in this article:
     8    1. "Director" shall mean the director of the office for the aging.
     9    2. "Long term care facilities"  shall  mean  residential  health  care
    10  facilities  as  defined  in  subdivision  three  of section twenty-eight
    11  hundred one of the public health law, and assisted living residences, as
    12  defined in article forty-six-B of the public health law, or any  facili-
    13  ties  which  hold  themselves  out  or advertise themselves as providing
    14  assisted living services and which are required to be licensed or certi-
    15  fied under the social services law or the public health  law  and  adult
    16  care  facilities  as defined in subdivision twenty-one of section two of
    17  the social services law.
    18    3. "State ombudsman" shall mean the state  long  term  care  ombudsman
    19  appointed  by  the director pursuant to subdivision three of section two
    20  hundred eighteen of this chapter.
    21    § 271. Commission on long term care facilities. 1. A  temporary  state
    22  commission,  to  be known as the commission on long term care facilities
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01684-03-9

        S. 4232                             2
     1  (hereinafter the "commission"), is hereby  created  to  study  and  make
     2  recommendations concerning the following:
     3    (a)  the effects of closures of long term care facilities on the resi-
     4  dents of such facilities, including  the  impact  on  the  physical  and
     5  mental  health of the residents and the loss of the residential communi-
     6  ty;
     7    (b) the availability of long term care  facility  placements  for  New
     8  York state residents suffering from dementia, including, but not limited
     9  to Alzheimer's disease;
    10    (c)  the  availability  of  long term care facility placements for New
    11  York state residents requiring skilled nursing care;
    12    (d) the effects of relocating residents of a closing  long  term  care
    13  facility  to  another  facility  within  the  same  geographical area as
    14  compared with relocating such residents to a long term care facility not
    15  within the geographical area;
    16    (e) feasibility of arranging  comparable  placements,  as  opposed  to
    17  appropriate placements, in other facilities within the same geographical
    18  area  when a long term care facility with a capacity of serving fifty or
    19  more residents closes;
    20    (f) the impact on family members of residents of the closing of a long
    21  term care facility;
    22    (g) the sufficiency of current laws, rules and  regulations  governing
    23  the relocation of residents of a closing long term care facility; and
    24    (h) such other matters as the commission deems appropriate.
    25    2.  The  commission  shall  make recommendations for additional legis-
    26  lation and/or regulations to govern the closing of long term care facil-
    27  ities and facilitate the relocation of long term care facility residents
    28  in a manner that is in the best interests of the residents in the  event
    29  of  a closure of a long term care facility. The commission shall further
    30  study the need, if any, to devise a notification system to  alert  resi-
    31  dents  and  families not less than one year in advance of the closure or
    32  potential closure of a long term care facility.
    33    3. (a) The commission shall consist of nine members to be appointed as
    34  follows: three members shall be appointed  by  the  governor  and  shall
    35  include  the  director  of the office for the aging, the state ombudsman
    36  and one additional member who shall be a  resident  of  the  state  with
    37  expertise  and  experience in the fields of long term care and advocacy;
    38  two members shall be appointed by the temporary president of the senate;
    39  two members shall be appointed by  the  speaker  of  the  assembly;  one
    40  member  shall be appointed by the minority leader of the senate; and one
    41  member shall be appointed by the minority leader of the assembly.    All
    42  of  the  members appointed by the temporary president of the senate, the
    43  speaker of the assembly, the minority  leader  of  the  senate  and  the
    44  minority  leader  of  the  assembly shall be residents of the state with
    45  expertise and experience in the fields of long term care  and  advocacy.
    46  No  person  shall  be a member of such commission while such person is a
    47  member of the senate or assembly. Any vacancy on such  commission  shall
    48  be  filled  in  the  same manner as the original appointment was made. A
    49  chairperson and vice-chairperson of such commission shall be elected  by
    50  the majority of its members, all members being present.
    51    (b)  Except  as  provided  in  paragraph  (a)  of this subdivision, no
    52  member, officer or employee of the commission shall be disqualified from
    53  holding any other public office or  employment,  nor  shall  he  or  she
    54  forfeit  any  such office or employment by reason of his or her appoint-
    55  ment hereunder, notwithstanding the provisions of any  general,  special
    56  or local law, ordinance or city charter.

        S. 4232                             3
     1    (c) All members of the commission shall be appointed within sixty days
     2  of  the effective date of this section. The first meeting of the commis-
     3  sion shall take place  within  thirty  days  after  appointment  of  all
     4  members of the commission.
     5    4.  The  members  of  the commission shall receive no compensation for
     6  their services, but shall be allowed their actual and necessary expenses
     7  incurred in the performance of their duties hereunder.
     8    5. The commission may employ and at pleasure remove such personnel  as
     9  it may deem necessary for the performance of its functions and fix their
    10  compensation  within  the amounts made available by appropriation there-
    11  for, if any, or by donation, if any. The commission may  meet  and  hold
    12  public  and/or  private  hearings within or without the state, and shall
    13  have all the powers of a legislative committee pursuant to the  legisla-
    14  tive law.
    15    6.  For  the  accomplishment  of its purposes, the commission shall be
    16  authorized and empowered to undertake any studies, inquiries, surveys or
    17  analyses it may deem relevant through its own personnel  or  in  cooper-
    18  ation with or by agreement with any other public or private agency.
    19    7. The commission may request and shall receive from any agency in the
    20  state  and  from any subdivision, department, board, bureau, commission,
    21  office, agency or other instrumentality of the state or of any political
    22  subdivision thereof such facilities, assistance and  data  as  it  deems
    23  necessary or desirable for the proper execution of its powers and duties
    24  and to effectuate the purposes set forth in this section.
    25    8. The commission is hereby authorized and empowered to enter into any
    26  agreements and to do and perform any acts that may be necessary, desira-
    27  ble or proper to carry out the purposes and objectives of this section.
    28    9. The commission shall make a report of its findings and shall submit
    29  its  recommendations,  including  any  recommendations  for  legislative
    30  action as it may deem necessary and appropriate, to  the  governor,  the
    31  temporary  president  of  the  senate,  the speaker of the assembly, the
    32  minority leader of the senate and the minority leader  of  the  assembly
    33  one year after the first meeting of the commission.
    34    10.  Notwithstanding  any  other  provision  of law, no long term care
    35  facility shall be closed  or  converted  to  any  other  use,  or  cause
    36  reductions  in sufficient staffing levels to occur, until one year after
    37  the commission reports its  findings  and  provided  recommendations  as
    38  provided in subdivision nine of this section.
    39    11.  The  provisions  of  this section shall not apply to a non-profit
    40  long term care facility operated by a religious group which qualifies as
    41  a tax-exempt entity under section  501(c)(3)  of  the  Internal  Revenue
    42  Code.
    43    § 2. This act shall take effect immediately and shall continue in full
    44  force  and effect until one year after the report and recommendations of
    45  the commission on long term care facilities is delivered to the governor
    46  and the legislature when upon such date the provisions of this act shall
    47  be deemed repealed; provided that the office for the aging shall  notify
    48  the  legislative  bill  drafting  commission  upon the occurrence of the
    49  enactment of the legislation provided for in section one of this act  in
    50  order  that the commission may maintain an accurate and timely effective
    51  data base of the official text of the laws of the state of New  York  in
    52  furtherance of effectuating the provisions of section 44 of the legisla-
    53  tive law and section 70-b of the public officers law.
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