senate Bill S7549A

Specifies procedures for the closure of for profit assisted living residences

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2014
    • REFERRED TO AGING
  • 06 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO AGING
  • 06 / Jun / 2014
    • PRINT NUMBER 7549A

Summary

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

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Bill Details

See Assembly Version of this Bill:
A9428C
Versions:
S7549
S7549A
Legislative Cycle:
2013-2014
Current Committee:
Senate Aging
Law Section:
Public Health Law
Laws Affected:
Add Art 46-B ยง4653-a, Pub Health L

Sponsor Memo

BILL NUMBER:S7549A

TITLE OF BILL: An act to amend the public health law, in relation to
specifying procedures for the closure of privately funded assisted
living residences

PURPOSE OR GENERAL IDEA OF BILL: Specifies procedures for the closure of
assisted living residences.

SUMMARY OF SPECIFIC PROVISIONS: In the event that an operator of an
assisted living residence erects to close the residence and to surrender
an operating certificate and or certification as an enhanced or special
needs assisted living residence, the operator shall notify the appropri-
ate regional office of the department in writing at least one hundred
and twenty days prior to the anticipated date of closure. Such written
notice shall include a proposed plan for closure and decertification.

JUSTIFICATION: Under current rules and regulations the closure of an
assisted living facility only requires the operator to give ninety days
notice. This bill will increase the amount of time the residents have to
acquire new living accommodations. Today even older New Yorkers of means
can have difficulty finding a place to live. In a recent New York Times
article it mentions the limited amount of senior housing available in
New York "There's a sort of hysteria that there is only so many places
for people to move" With seniors being evicted in 90 days with limited
places to go it makes it all the more difficult for our elderly popu-
lation. Giving them 120 days would alleviate some of the stress of this
situation.

PRIOR LEGISLATIVE HISTORY: none

FISCAL IMPLICATIONS: 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 appro-
priately relocated, shall result in the imposition of civil penalties.

EFFECTIVE DATE: This act shall take effect the first of January 2015.

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

                                 7549--A

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Aging  --  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 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:
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14852-10-4

S. 7549--A                          2

  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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