Senate Bill S7549A

                            
                    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.