NY State Assembly Bill 2013-A9428C

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2014	referred to rules delivered to senate passed assembly
Jun 09, 2014	amended on third reading (t) 9428c
May 30, 2014	advanced to third reading cal.860
May 28, 2014	reported
May 13, 2014	print number 9428b
May 13, 2014	amend (t) and recommit to codes reported referred to codes
May 05, 2014	print number 9428a
May 05, 2014	amend and recommit to health
Apr 29, 2014	referred to health

Bill Amendments

Original

C (Active)

2013-A9428 - Details

See Senate Version of this Bill:: S7549
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add Art 46-B §4653-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8566
2017-2018: A1051
2019-2020: A3050
2021-2022: A2211

2013-A9428 - Summary

Specifies procedures for the closure of privately funded assisted living residences.

2013-A9428 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9428

                          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 specifying  proce-
  dures for the closure of assisted living residences

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 46-B of the public health law is amended by  adding
a new section 4653-a to read as follows:
  S  4653-A.  CLOSURE  OF  AN ASSISTED LIVING RESIDENCE. 1. IN THE EVENT
THAT AN OPERATOR OF AN ASSISTED LIVING RESIDENCE  ELECTS  TO  CLOSE  THE
RESIDENCE AND TO SURRENDER AN OPERATING CERTIFICATE AND/OR CERTIFICATION
AS AN ENHANCED OR SPECIAL NEEDS ASSISTED LIVING RESIDENCE, THE FOLLOWING
PROVISIONS SHALL APPLY:
  (A)  THE  OPERATOR SHALL NOTIFY THE APPROPRIATE REGIONAL OFFICE OF THE
DEPARTMENT IN WRITING AT LEAST ONE HUNDRED  EIGHTY  DAYS  PRIOR  TO  THE
ANTICIPATED  DATE  OF  CLOSURE  OF THE ASSISTED LIVING RESIDENCE AND, IF
APPLICABLE, THE ADULT CARE FACILITY, AND/OR THE DECERTIFICATION  OF  THE
RESIDENCE.
  (B)  SUCH  WRITTEN  NOTICE  SHALL  INCLUDE A PROPOSED PLAN FOR CLOSURE
AND/OR  DECERTIFICATION.  THE  PLAN  SHALL  BE  SUBJECT  TO   DEPARTMENT
APPROVAL, SHALL INCLUDE TIMETABLES FOR ALL STEPS ENTAILED IN THE CLOSURE
PROCESS  AND SHALL DESCRIBE THE PROCEDURES AND ACTIONS THE OPERATOR WILL
TAKE TO:
  (I) NOTIFY RESIDENTS OF THE CLOSURE, AND/OR DECERTIFICATION, INCLUDING
PROVISIONS FOR  TERMINATION  OF  ADMISSION  AGREEMENTS  AND  INVOLUNTARY
DISCHARGE;
  (II) ASSESS THE NEEDS AND PREFERENCES OF INDIVIDUAL RESIDENTS;
  (III)  ASSIST  RESIDENTS  IN  LOCATING AND TRANSFERRING TO APPROPRIATE
ALTERNATIVE SETTINGS; AND
  (IV) MAINTAIN COMPLIANCE WITH THESE REGULATIONS  UNTIL  ALL  RESIDENTS
HAVE RELOCATED.
  2.  (A) THE OPERATOR SHALL TAKE NO ACTION TO CLOSE THE RESIDENCE PRIOR
TO DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14852-01-4

A. 9428                             2

  (B) THE OPERATOR SHALL NOT CLOSE THE RESIDENCE UNTIL ALL RESIDENTS  OF
THE RESIDENCE HAVE TRANSFERRED TO APPROPRIATE ALTERNATIVE SETTINGS.
  3.  THE  OPERATOR  SHALL  IMPLEMENT  THE  APPROVED PLAN TO INSURE THAT
ARRANGEMENTS FOR CONTINUED  CARE  WHICH  MEET  EACH  RESIDENT'S  SOCIAL,
EMOTIONAL  AND  HEALTH  NEEDS  ARE  EFFECTUATED  PRIOR TO CLOSURE AND/OR
DECERTIFICATION.
  4. FAILURE TO NOTIFY THE DEPARTMENT OF  INTENT  TO  CEASE  OPERATIONS,
FAILURE  TO  SUBMIT  AN  APPROVABLE  PLAN  TO EXECUTE THE APPROVED PLAN,
CLOSURE OR DECERTIFICATION BEFORE ALL RESIDENTS HAVE BEEN  APPROPRIATELY
RELOCATED, SHALL RESULT IN THE IMPOSITION OF CIVIL PENALTIES.
  S 2. This act shall take effect immediately.

co-Sponsors

2013-A9428A - Details

See Senate Version of this Bill:: S7549
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add Art 46-B §4653-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8566
2017-2018: A1051
2019-2020: A3050
2021-2022: A2211

2013-A9428A - Summary

Specifies procedures for the closure of privately funded assisted living residences.

2013-A9428A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9428--A

                          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 -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to specifying  proce-
  dures for the closure of assisted living residences

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 46-B of the public health law is amended by  adding
a new section 4653-a to read as follows:
  S  4653-A.  CLOSURE  OF  AN ASSISTED LIVING RESIDENCE. 1. IN THE EVENT
THAT AN OPERATOR OF AN ASSISTED LIVING RESIDENCE  ELECTS  TO  CLOSE  THE
RESIDENCE AND TO SURRENDER AN OPERATING CERTIFICATE AND/OR CERTIFICATION
AS AN ENHANCED OR SPECIAL NEEDS ASSISTED LIVING RESIDENCE, THE FOLLOWING
PROVISIONS SHALL APPLY:
  (A)  THE  OPERATOR SHALL NOTIFY THE APPROPRIATE REGIONAL OFFICE OF THE
DEPARTMENT IN WRITING AT LEAST ONE HUNDRED  EIGHTY  DAYS  PRIOR  TO  THE
ANTICIPATED  DATE  OF  CLOSURE  OF THE ASSISTED LIVING RESIDENCE AND, IF
APPLICABLE, THE ADULT CARE FACILITY, AND/OR THE DECERTIFICATION  OF  THE
RESIDENCE.
  (B)  SUCH  WRITTEN  NOTICE  SHALL  INCLUDE A PROPOSED PLAN FOR CLOSURE
AND/OR  DECERTIFICATION.  THE  PLAN  SHALL  BE  SUBJECT  TO   DEPARTMENT
APPROVAL, SHALL INCLUDE TIMETABLES FOR ALL STEPS ENTAILED IN THE CLOSURE
PROCESS  AND SHALL DESCRIBE THE PROCEDURES AND ACTIONS THE OPERATOR WILL
TAKE TO:
  (I) NOTIFY RESIDENTS OF THE CLOSURE, AND/OR DECERTIFICATION, INCLUDING
PROVISIONS FOR  TERMINATION  OF  ADMISSION  AGREEMENTS  AND  INVOLUNTARY
DISCHARGE;
  (II) ASSESS THE NEEDS AND PREFERENCES OF INDIVIDUAL RESIDENTS;
  (III)  ASSIST  RESIDENTS  IN  LOCATING AND TRANSFERRING TO APPROPRIATE
ALTERNATIVE SETTINGS; AND
  (IV) MAINTAIN COMPLIANCE WITH THESE REGULATIONS  UNTIL  ALL  RESIDENTS
HAVE RELOCATED.
  2.  (A) THE OPERATOR SHALL TAKE NO ACTION TO CLOSE THE RESIDENCE PRIOR
TO DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.

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

                                                           LBD14852-02-4

A. 9428--A                          2

  (B) THE OPERATOR SHALL NOT CLOSE THE RESIDENCE UNTIL ALL RESIDENTS  OF
THE RESIDENCE HAVE TRANSFERRED TO APPROPRIATE ALTERNATIVE SETTINGS.
  (C)  THE  OPERATOR  SHALL NOT INCREASE THE AMOUNT OF ANY RENT, FEES OR
OTHER SURCHARGES CHARGED TO THE RESIDENTS OF THE ASSISTED  LIVING  RESI-
DENCE,  THEIR  FAMILIES  OR  THEIR INSURANCE COMPANIES, IF ANY, PRIOR TO
DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.  THE
OPERATOR SHALL INSTITUTE ANY NEW FEES OR OTHER SURCHARGES CHARGED TO THE
RESIDENTS  OF  THE  ASSISTED  LIVING  RESIDENCE, THEIR FAMILIES OR THEIR
INSURANCE COMPANIES, IF ANY, PRIOR TO DEPARTMENT APPROVAL  OF  THE  PLAN
FOR CLOSURE AND/OR DECERTIFICATION.
  (D)  THE  OPERATOR  SHALL NOT ACCEPT NEW RESIDENTS OR APPLICATIONS FOR
RESIDENCY AFTER THE  OPERATOR  HAS  NOTIFIED  THE  APPROPRIATE  REGIONAL
OFFICE OF THE DEPARTMENT THAT THE OPERATOR INTENDS TO CLOSE OR DECERTIFY
THE ASSISTED LIVING RESIDENCE.
  3.  THE  OPERATOR  SHALL  IMPLEMENT  THE  APPROVED PLAN TO INSURE THAT
ARRANGEMENTS FOR CONTINUED  CARE  WHICH  MEET  EACH  RESIDENT'S  SOCIAL,
EMOTIONAL  AND  HEALTH  NEEDS  ARE  EFFECTUATED  PRIOR TO CLOSURE AND/OR
DECERTIFICATION.
  4. FAILURE TO NOTIFY THE DEPARTMENT OF  INTENT  TO  CEASE  OPERATIONS,
FAILURE  TO  SUBMIT  AN  APPROVABLE  PLAN  TO EXECUTE THE APPROVED PLAN,
CLOSURE OR DECERTIFICATION BEFORE ALL RESIDENTS HAVE BEEN  APPROPRIATELY
RELOCATED, SHALL RESULT IN THE IMPOSITION OF CIVIL PENALTIES.
  S  2.  This  act  shall take effect immediately and shall apply to all
closures of assisted living residences occurring on or after such effec-
tive date and to all closures of assisted living residences pending such
effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2013-A9428B - Details

See Senate Version of this Bill:: S7549
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add Art 46-B §4653-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8566
2017-2018: A1051
2019-2020: A3050
2021-2022: A2211

2013-A9428B - Summary

Specifies procedures for the closure of privately funded assisted living residences.

2013-A9428B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9428--B

                          I N  A S S E M B L Y

                             April 29, 2014
                               ___________

Introduced  by  M. of A. MILLMAN, GOTTFRIED -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public health law, in relation to specifying  proce-
  dures for the closure of for profit assisted living residences

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 46-B of the public health law is amended by  adding
a new section 4653-a to read as follows:
  S  4653-A. CLOSURE OF FOR PROFIT ASSISTED LIVING RESIDENCES. 1. IN THE
EVENT THAT AN OPERATOR OF A FOR PROFIT ASSISTED LIVING RESIDENCE  ELECTS
TO  CLOSE THE RESIDENCE AND TO SURRENDER AN OPERATING CERTIFICATE AND/OR
CERTIFICATION AS AN ENHANCED OR SPECIAL NEEDS ASSISTED LIVING RESIDENCE,
THE FOLLOWING PROVISIONS SHALL APPLY:
  (A) THE OPERATOR SHALL NOTIFY THE APPROPRIATE REGIONAL OFFICE  OF  THE
DEPARTMENT  IN  WRITING  AT  LEAST  ONE HUNDRED EIGHTY DAYS PRIOR TO THE
ANTICIPATED DATE OF CLOSURE OF THE FOR PROFIT ASSISTED LIVING  RESIDENCE
AND,  IF APPLICABLE, THE ADULT CARE FACILITY, AND/OR THE DECERTIFICATION
OF THE RESIDENCE.
  (B) SUCH WRITTEN NOTICE SHALL INCLUDE  A  PROPOSED  PLAN  FOR  CLOSURE
AND/OR   DECERTIFICATION.  THE  PLAN  SHALL  BE  SUBJECT  TO  DEPARTMENT
APPROVAL, SHALL INCLUDE TIMETABLES FOR ALL STEPS ENTAILED IN THE CLOSURE
PROCESS AND SHALL DESCRIBE THE PROCEDURES AND ACTIONS THE OPERATOR  WILL
TAKE TO:
  (I) NOTIFY RESIDENTS OF THE CLOSURE, AND/OR DECERTIFICATION, INCLUDING
PROVISIONS  FOR  TERMINATION  OF  ADMISSION  AGREEMENTS  AND INVOLUNTARY
DISCHARGE;
  (II) ASSESS THE NEEDS AND PREFERENCES OF INDIVIDUAL RESIDENTS;
  (III) ASSIST RESIDENTS IN LOCATING  AND  TRANSFERRING  TO  APPROPRIATE
ALTERNATIVE SETTINGS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14852-03-4

A. 9428--B                          2

  (IV)  MAINTAIN  COMPLIANCE  WITH THESE REGULATIONS UNTIL ALL RESIDENTS
HAVE RELOCATED.
  2.  (A) THE OPERATOR SHALL TAKE NO ACTION TO CLOSE THE RESIDENCE PRIOR
TO DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.
  (B) THE OPERATOR SHALL NOT CLOSE THE RESIDENCE UNTIL ALL RESIDENTS  OF
THE RESIDENCE HAVE TRANSFERRED TO APPROPRIATE ALTERNATIVE SETTINGS.
  (C)  THE  OPERATOR  SHALL NOT INCREASE THE AMOUNT OF ANY RENT, FEES OR
OTHER SURCHARGES CHARGED TO THE RESIDENTS OF THE ASSISTED  LIVING  RESI-
DENCE,  THEIR  FAMILIES  OR  THEIR INSURANCE COMPANIES, IF ANY, PRIOR TO
DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.  THE
OPERATOR SHALL NOT INSTITUTE ANY NEW FEES OR OTHER SURCHARGES CHARGED TO
THE  RESIDENTS OF THE ASSISTED LIVING RESIDENCE, THEIR FAMILIES OR THEIR
INSURANCE COMPANIES, IF ANY, PRIOR TO DEPARTMENT APPROVAL  OF  THE  PLAN
FOR CLOSURE AND/OR DECERTIFICATION.
  (D)  THE  OPERATOR  SHALL NOT ACCEPT NEW RESIDENTS OR APPLICATIONS FOR
RESIDENCY AFTER THE  OPERATOR  HAS  NOTIFIED  THE  APPROPRIATE  REGIONAL
OFFICE OF THE DEPARTMENT THAT THE OPERATOR INTENDS TO CLOSE OR DECERTIFY
THE FOR PROFIT ASSISTED LIVING RESIDENCE.
  3.  THE  OPERATOR  SHALL  IMPLEMENT  THE  APPROVED PLAN TO INSURE THAT
ARRANGEMENTS FOR CONTINUED  CARE  WHICH  MEET  EACH  RESIDENT'S  SOCIAL,
EMOTIONAL  AND  HEALTH  NEEDS  ARE  EFFECTUATED  PRIOR TO CLOSURE AND/OR
DECERTIFICATION.
  4. FAILURE TO NOTIFY THE DEPARTMENT OF  INTENT  TO  CEASE  OPERATIONS,
FAILURE  TO  SUBMIT  AN  APPROVABLE  PLAN  TO EXECUTE THE APPROVED PLAN,
CLOSURE OR DECERTIFICATION BEFORE ALL RESIDENTS HAVE BEEN  APPROPRIATELY
RELOCATED, SHALL RESULT IN THE IMPOSITION OF CIVIL PENALTIES.
  S  2.  This  act  shall take effect immediately and shall apply to all
closures of for profit assisted living residences occurring on or  after
such  effective  date  and to all closures of for profit assisted living
residences pending such effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2013-A9428C (ACTIVE) - Details

See Senate Version of this Bill:: S7549
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add Art 46-B §4653-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8566
2017-2018: A1051
2019-2020: A3050
2021-2022: A2211

2013-A9428C (ACTIVE) - Summary

Specifies procedures for the closure of privately funded assisted living residences.

2013-A9428C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9428--C
                                                        Cal. No. 860

                          I N  A S S E M B L Y

                             April 29, 2014
                               ___________

Introduced  by  M.  of  A.  MILLMAN,  GOTTFRIED, MILLER, JAFFEE, MOSLEY,
  BROOK-KRASNY, SKOUFIS,  ROSENTHAL,  JACOBS,  COOK,  DINOWITZ,  CAMARA,
  SCARBOROUGH,  WRIGHT,  TITONE, BARRETT, OTIS, PERRY, CLARK, BRAUNSTEIN
  -- Multi-Sponsored by -- M. of A. BRENNAN, MARKEY  --  read  once  and
  referred  to  the  Committee  on  Health -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  and referred to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported from  committee,  advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

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:

  Section 1. Article 46-B of the public health law is amended by  adding
a new section 4653-a to read as follows:
  S  4653-A. CLOSURE OF PRIVATELY FUNDED ASSISTED LIVING RESIDENCES.  1.
FOR PURPOSES OF THIS SECTION, PRIVATELY  FUNDED  MEANS  A  RESIDENCE  IN
WHICH THE RESIDENTS ARE NOT RECIPIENTS OF SUPPLEMENTAL SECURITY INCOME.
  2. IN THE EVENT THAT AN OPERATOR OF A PRIVATELY FUNDED ASSISTED LIVING
RESIDENCE  ELECTS  TO  CLOSE THE RESIDENCE AND TO SURRENDER AN OPERATING
CERTIFICATE  AND/OR  CERTIFICATION  AS  AN  ENHANCED  OR  SPECIAL  NEEDS
ASSISTED LIVING RESIDENCE, THE FOLLOWING PROVISIONS SHALL APPLY:
  (A)  THE  OPERATOR SHALL NOTIFY THE APPROPRIATE REGIONAL OFFICE OF THE
DEPARTMENT IN WRITING PRIOR TO THE ANTICIPATED DATE OF  CLOSURE  OF  THE
ASSISTED  LIVING  RESIDENCE AND, IF APPLICABLE, THE ADULT CARE FACILITY,
AND/OR THE DECERTIFICATION OF THE RESIDENCE.
  (B) SUCH WRITTEN NOTICE SHALL INCLUDE  A  PROPOSED  PLAN  FOR  CLOSURE
AND/OR   DECERTIFICATION.  THE  PLAN  SHALL  BE  SUBJECT  TO  DEPARTMENT
APPROVAL, SHALL INCLUDE TIMETABLES FOR ALL STEPS ENTAILED IN THE CLOSURE
PROCESS AND SHALL DESCRIBE THE PROCEDURES AND ACTIONS THE OPERATOR  WILL
TAKE TO:

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

                                                           LBD14852-09-4

A. 9428--C                          2

  (I) NOTIFY RESIDENTS OF THE CLOSURE, AND/OR DECERTIFICATION, INCLUDING
PROVISIONS  FOR  TERMINATION  OF  ADMISSION  AGREEMENTS  AND INVOLUNTARY
DISCHARGE;
  (II) ASSESS THE NEEDS AND PREFERENCES OF INDIVIDUAL RESIDENTS;
  (III)  ASSIST  RESIDENTS  IN  LOCATING AND TRANSFERRING TO APPROPRIATE
ALTERNATIVE SETTINGS; AND
  (IV) MAINTAIN COMPLIANCE WITH THESE REGULATIONS  UNTIL  ALL  RESIDENTS
HAVE RELOCATED.
  3.  (A) THE OPERATOR SHALL TAKE NO ACTION TO CLOSE THE RESIDENCE PRIOR
TO DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.
  (B) THE OPERATOR SHALL NOT CLOSE THE RESIDENCE UNTIL ALL RESIDENTS  OF
THE RESIDENCE HAVE TRANSFERRED TO APPROPRIATE ALTERNATIVE SETTINGS.
  (C)  THE  OPERATOR  SHALL NOT INCREASE THE AMOUNT OF ANY RENT, FEES OR
OTHER SURCHARGES CHARGED TO THE RESIDENTS OF THE ASSISTED  LIVING  RESI-
DENCE,  THEIR  FAMILIES  OR  THEIR INSURANCE COMPANIES, IF ANY, PRIOR TO
DEPARTMENT APPROVAL OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION.  THE
OPERATOR SHALL NOT INSTITUTE ANY NEW FEES OR OTHER SURCHARGES CHARGED TO
THE  RESIDENTS OF THE ASSISTED LIVING RESIDENCE, THEIR FAMILIES OR THEIR
INSURANCE COMPANIES, IF ANY, PRIOR TO DEPARTMENT APPROVAL  OF  THE  PLAN
FOR CLOSURE AND/OR DECERTIFICATION.
  (D)  THE  OPERATOR  SHALL NOT ACCEPT NEW RESIDENTS OR APPLICATIONS FOR
RESIDENCY AFTER THE  OPERATOR  HAS  NOTIFIED  THE  APPROPRIATE  REGIONAL
OFFICE OF THE DEPARTMENT THAT THE OPERATOR INTENDS TO CLOSE OR DECERTIFY
THE ASSISTED LIVING RESIDENCE.
  4.  AS  PART OF THE FINAL APPROVAL OF THE CLOSURE PLAN, THE DEPARTMENT
AND OPERATOR SHALL AGREE UPON A TARGET CLOSURE DATE, WHICH SHALL  BE  AT
LEAST ONE HUNDRED TWENTY DAYS FROM THE ACTUAL DATE THE OPERATOR NOTIFIES
RESIDENTS  OF  THE  CLOSURE.  IN  PROVIDING  NOTIFICATION OF SUCH TARGET
CLOSURE DATE TO RESIDENTS, THE OPERATOR SHALL ALSO NOTIFY RESIDENTS THAT
ADDITIONAL TIME WILL BE  PROVIDED  TO  RESIDENTS  WHO  MAKE  GOOD  FAITH
EFFORTS TO SECURE AN ALTERNATIVE SETTING AND HAVE DEMONSTRATED A REASON-
ABLE  BASIS FOR NEEDING MORE THAN ONE HUNDRED TWENTY DAYS TO TRANSFER TO
AN APPROPRIATE ALTERNATIVE SETTING, SO  LONG  AS  IT  REMAINS  SAFE  AND
APPROPRIATE TO RESIDE IN THE BUILDING AT SUCH TIME.
  5.  THE  OPERATOR  SHALL  IMPLEMENT  THE  APPROVED PLAN TO INSURE THAT
ARRANGEMENTS FOR CONTINUED  CARE  WHICH  MEET  EACH  RESIDENT'S  SOCIAL,
EMOTIONAL  AND  HEALTH  NEEDS  ARE  EFFECTUATED  PRIOR TO CLOSURE AND/OR
DECERTIFICATION.
  6. FAILURE TO NOTIFY THE DEPARTMENT OF  INTENT  TO  CEASE  OPERATIONS,
FAILURE  TO  SUBMIT  AN  APPROVABLE  PLAN  TO EXECUTE THE APPROVED PLAN,
CLOSURE OR DECERTIFICATION BEFORE ALL RESIDENTS HAVE BEEN  APPROPRIATELY
RELOCATED, SHALL RESULT IN THE IMPOSITION OF CIVIL PENALTIES.
  S  2.  This  act  shall  take effect on the first of January, 2015 and
shall apply to all closures of privately funded  assisted  living  resi-
dences  occurring on or after such effective date and to all closures of
privately funded assisted living residences pending such effective date.

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Assembly Bill A9428C

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2013-A9428 - Details

2013-A9428 - Summary

2013-A9428 - Bill Text download pdf

co-Sponsors

2013-A9428A - Details

2013-A9428A - Summary

2013-A9428A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A9428B - Details

2013-A9428B - Summary

2013-A9428B - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A9428C (ACTIVE) - Details

2013-A9428C (ACTIVE) - Summary

2013-A9428C (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9428C

Share this bill

Sponsored By

MILLMAN

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2013-A9428 - Details

2013-A9428 - Summary

2013-A9428 - Bill Text download pdf

co-Sponsors

Richard Gottfried

2013-A9428A - Details

2013-A9428A - Summary

2013-A9428A - Bill Text download pdf

co-Sponsors

Richard Gottfried

Michael G. Miller

Ellen C. Jaffee

Walter T. Mosley

multi-Sponsors

James F. Brennan

Margaret Markey

2013-A9428B - Details

2013-A9428B - Summary

2013-A9428B - Bill Text download pdf

co-Sponsors

Richard Gottfried

Michael G. Miller

Ellen C. Jaffee

Walter T. Mosley

multi-Sponsors

James F. Brennan

Margaret Markey

2013-A9428C (ACTIVE) - Details

2013-A9428C (ACTIVE) - Summary

2013-A9428C (ACTIVE) - Bill Text download pdf

Comments