Bill Text: NY S08933 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to notice requirement of adult care facility closures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2024-06-04 - referred to health [S08933 Detail]

Download: New_York-2023-S08933-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8933--A

                    IN SENATE

                                      April 1, 2024
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the social services law, in relation to notice of adult
          care facility closure requirements

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

     1    Section  1. The social services law is amended by adding a new section
     2  461-v to read as follows:
     3    § 461-v.  Closure of adult care facilities. 1. In the event  that  the
     4  department revokes or suspends or intends to revoke or suspend or other-
     5  wise  limit  the  operating  certificate for an adult care facility, the
     6  following shall apply:
     7    (a) The department shall  provide  copies  of  all  written  materials
     8  pertaining  to  the  action  including,  but not limited to, the hearing
     9  notice and notice of charges served upon the operator of  such  facility
    10  to  the governor, the office of the state comptroller, the office of the
    11  New York state attorney general, and the members of the  state  assembly
    12  and the state senate representing the municipality in which the facility
    13  is located.
    14    (b)  Copies of all written materials shall also be concurrently deliv-
    15  ered to the chief executive officer and the  presiding  officer  of  the
    16  local  legislative body of each county, except a county wholly contained
    17  within a city, town or village in which the facility is located and,  in
    18  a  city  with a population of one million or more, also to the community
    19  board in whose district the facility is located.
    20    2. (a) Except as provided in paragraph (b) of  this  subdivision,  the
    21  written  materials provided in subdivision one of this section shall not
    22  be subject to disclosure under article six of the public officers law.
    23    (b) During the thirty-day  period  prior  to  the  hearing  date,  the
    24  department shall post on its website:
    25    (i) a summary of the violations at the adult care facility;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14928-02-4
        S. 8933--A                          2

     1    (ii) an explanation of the groups or individuals likely to be impacted
     2  by the closure; and
     3    (iii)  a  summary  of the facility operator's plan to ensure continued
     4  care for all residents to be impacted.
     5    § 2. This act shall take effect on the first of April next  succeeding
     6  the  date  on  which  it  shall have become a law and shall apply to all
     7  closures of adult care facilities occurring on or after  such  effective
     8  date  and  to all closures of adult care facilities pending on and after
     9  such effective date.  Effective  immediately,  the  addition,  amendment
    10  and/or repeal of any rule or regulation necessary for the implementation
    11  of  this  act  on  its  effective  date  are  authorized  to be made and
    12  completed on or before such effective date.