S T A T E   O F   N E W   Y O R K
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                                 8566--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            November 16, 2015
                               ___________

Introduced  by  M.  of A. SIMON, BRENNAN, ARROYO, BLAKE, BARRETT, BRAUN-
  STEIN, CLARK, COLTON, COOK, DINOWITZ, GOTTFRIED, JAFFEE, JOYNER, MILL-
  ER, OTIS, PERRY, ROBINSON, SKOUFIS, STECK, TITONE,  WRIGHT  --  Multi-
  Sponsored  by  --  M.  of  A.  HIKIND,  MAGEE, MARKEY -- read once and
  referred to the Committee on  Health  --  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 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.
                                                           LBD04719-02-5

A. 8566--A                          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 next succeed-
ing the date on which it shall have become a law, and shall apply to all
closures of privately funded assisted living residences occurring on  or
after  such  effective  date  and  to  all  closures of privately funded
assisted living residences pending such effective date.