Bill Text: NY S04609 | 2019-2020 | General Assembly | Amended


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 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO AGING [S04609 Detail]

Download: New_York-2019-S04609-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4609--A
            Cal. No. 743

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 15, 2019
                                       ___________

        Introduced  by  Sens.  SAVINO,  CARLUCCI,  MAY -- read twice and ordered
          printed, and when printed to be committed to the Committee on Aging --
          reported favorably from said committee, ordered to  first  and  second
          report,  amended  on second report, ordered to a third reading, and to
          be reprinted as amended, retaining its place in  the  order  of  third
          reading

        AN  ACT to amend the public health law, in relation to specifying proce-
          dures for the closure and/or decertification of assisted living  resi-
          dences

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Title 2 of article 46-B of the public health law is amended
     2  by adding a new section 4653-a to read as follows:
     3    § 4653-a. Closure of assisted living residences.   1.   In  the  event
     4  that  an operator of an assisted living residence elects to close and to
     5  surrender an operating certificate and/or certification as  an  enhanced
     6  or  special  needs  assisted  living residence, the following provisions
     7  shall apply:
     8    (a) The operator shall notify the appropriate regional office  of  the
     9  department  in  writing  prior to the anticipated date of closure of the
    10  assisted living residence and/or the decertification  of  such  assisted
    11  living residence.
    12    (b)  Such  written  notice  shall  include a proposed plan for closure
    13  and/or decertification. The plan shall be subject to the approval of the
    14  commissioner, shall include timetables for all  steps  entailed  in  the
    15  closure process and shall describe the procedures and actions the opera-
    16  tor will take to:
    17    (i)  notify  residents  and  the  residents'  representatives  of  the
    18  closure, and/or decertification, including provisions for termination of
    19  admission agreements and involuntary discharge;
    20    (ii) assess the needs and preferences of individual residents;
    21    (iii) assist residents in relocating and transferring  to  appropriate
    22  alternative settings; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01685-03-9

        S. 4609--A                          2

     1    (iv)  maintain  compliance with approved plan until all residents have
     2  relocated.
     3    2.  (a) The operator shall take no action to close the assisted living
     4  residence prior to approval  from  the  commissioner  of  the  plan  for
     5  closure and/or decertification.
     6    (b)  The  operator shall not close the assisted living residence until
     7  all  residents  thereof  have  transferred  to  appropriate  alternative
     8  settings.
     9    (c)  The  operator  shall not increase the amount of any rent, fees or
    10  other surcharges imposed upon the residents of the assisted living resi-
    11  dence, their residents' representatives, and/or  any  applicable  health
    12  insurance  plan,  long  term care plan or other insurance plan providing
    13  payment to the residence on behalf of the resident prior to the approval
    14  of the plan for closure  and/or  decertification  by  the  commissioner,
    15  provided however, that the operator may increase the amount of any rent,
    16  fees or other surcharges imposed upon an individual resident correspond-
    17  ing  with  an increase in the individual's supplemental security income;
    18  the total of such increases for  an  individual  shall  not  exceed  the
    19  amount of the increase in the individual's supplemental security income.
    20    (d)  The  operator  shall not accept new residents or applications for
    21  residency after the  operator  has  notified  the  appropriate  regional
    22  office  of  the  department  that  the  operator intends to close and/or
    23  decertify the assisted living residence.
    24    3. As part of the final approval of the closure plan, the  department,
    25  center for health care quality and surveillance and operator shall agree
    26  upon  a  target closure date, which shall be at least one hundred twenty
    27  days from the actual date that the operator provides  written  notifica-
    28  tion to the residents and the residents' representatives of the closure.
    29  In  providing  notification  of  such  target closure date, the operator
    30  shall also notify residents  and  the  residents'  representatives  that
    31  additional  time  will  be  provided  to  residents  who make good faith
    32  efforts, as determined by the commissioner,  to  secure  an  alternative
    33  setting  and  have demonstrated a reasonable basis for needing more than
    34  one hundred twenty  days  to  transfer  to  an  appropriate  alternative
    35  setting,  so  long  as  it remains safe and appropriate to reside in the
    36  assisted living residence at such time.
    37    4. The operator shall implement  the  approved  plan  to  ensure  that
    38  arrangements  for  continued  care  which  meet  each resident's social,
    39  emotional and health care needs are effectuated prior to closure  and/or
    40  decertification.
    41    5.  Failure  to  notify  the department of intent to cease operations,
    42  failure to submit a plan for closure and/or decertification, failure  to
    43  execute the approved plan for closure and/or decertification and closing
    44  an assisted living residence before all residents have been appropriate-
    45  ly  relocated,  shall  result  in  the  imposition of civil penalties in
    46  accordance with section twelve of this chapter.
    47    6. The commissioner may promulgate such rules and regulations as he or
    48  she deems necessary to implement the provisions of this section.
    49    § 2. This act shall take effect on the first of January next  succeed-
    50  ing the date on which it shall have become a law, and shall apply to all
    51  closures of assisted living residences occurring on or after such effec-
    52  tive date and to all closures of assisted living residences pending such
    53  effective date; provided, however, that effective immediately, the addi-
    54  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    55  the implementation of this act on its effective date are authorized  and
    56  directed to be made and completed on or before such effective date.
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