Assembly Bill A9427

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

                                  9427

                          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  requiring  the
  department  of public health to conduct a hearing prior to approving a
  closure of an assisted living facility

  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. HEARING PRIOR TO CLOSURE OF AN ASSISTED LIVING RESIDENCE. 1.
BEFORE IT MAY APPROVE ANY PROPOSED  PLAN  FOR  CLOSURE  OF  AN  ASSISTED
LIVING  RESIDENCE,  THE  DEPARTMENT,  THROUGH  THE  APPROPRIATE REGIONAL
OFFICE OF THE DEPARTMENT, SHALL CONDUCT A HEARING TO ASSESS  THE  EFFEC-
TIVENESS  OF  THE PROPOSED CLOSURE PLAN AND THE IMPACT OF THE CLOSURE ON
THE RESIDENTS OF THE ASSISTED LIVING RESIDENCE AND ON THE  COMMUNITY  IN
WHICH THE RESIDENCE IS LOCATED.
  2.  (A)  UPON RECEIVING WRITTEN NOTICE FROM AN OPERATOR OF AN ASSISTED
LIVING RESIDENCE THAT THE OPERATOR ELECTS TO CLOSE THE RESIDENCE AND  TO
SURRENDER  AN  OPERATING CERTIFICATE AND/OR CERTIFICATION AS AN ENHANCED
OR SPECIAL NEEDS ASSISTED LIVING  RESIDENCE,  THE  APPROPRIATE  REGIONAL
OFFICE  OF  THE DEPARTMENT SHALL CONDUCT THE HEARING, UPON NOTICE TO THE
OPERATOR AND THE MUNICIPALITY OR COMMUNITY BOARD, AND  SHALL  STATE  AND
FILE IN ITS OFFICE ITS REASONS THEREFOR.
  (B)  THE  HEARING  SHALL BE HELD NO LATER THAN THE THIRTIETH DAY AFTER
THE DEPARTMENT RECEIVED WRITTEN NOTICE THAT THE OPERATOR ELECTS TO CLOSE
THE RESIDENCE AND TO SURRENDER AN OPERATING CERTIFICATE  AND/OR  CERTIF-
ICATION AS AN ENHANCED OR SPECIAL NEEDS ASSISTED LIVING RESIDENCE.
  (C)  THE  HEARING  MAY BE RESCHEDULED, ADJOURNED OR CONTINUED, AND THE
APPROPRIATE REGIONAL OFFICE OF THE DEPARTMENT SHALL GIVE NOTICE  TO  THE
OPERATOR  AND  THE  MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
ULED, ADJOURNED OR CONTINUED HEARING.
  (D) HEARINGS CONDUCTED PURSUANT TO THE PROVISIONS OF THIS  SUBDIVISION
SHALL BE OPEN TO THE PUBLIC.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14856-01-4
              

A. 9427                             2

  3. (A) ISSUES TO BE CONSIDERED AT THE HEARING REQUIRED BY THIS SECTION
SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE SUFFICIENCY OF THE OPERATOR'S
PROPOSED PLAN FOR CLOSURE AND/OR DECERTIFICATION AND THE  TIMETABLE  FOR
THE CLOSURE OR DECERTIFICATION AND THE PROCEDURES AND ACTIONS THE OPERA-
TOR 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; AND
  (III) ASSIST RESIDENTS IN LOCATING  AND  TRANSFERRING  TO  APPROPRIATE
ALTERNATIVE SETTINGS.
  (B)  THE  APPROPRIATE  REGIONAL  OFFICE  OF  THE DEPARTMENT SHALL MAKE
PUBLIC ITS FINDINGS NOT MORE THAN SIXTY DAYS AFTER THE CONCLUSION OF THE
HEARING BY POSTING A COPY OF ITS FINDING ON THE DEPARTMENT'S WEBSITE AND
MAINTAINING AT LEAST THREE PAPER COPIES OF THE FINDINGS IN THE  REGIONAL
OFFICE.  SUCH  PAPER  COPIES  SHALL  BE MADE AVAILABLE TO THE PUBLIC FOR
REVIEW UPON REQUEST.
  (C) NO PLAN FOR THE CLOSURE OF AN ASSISTED LIVING RESIDENCE  SHALL  BE
APPROVED  UNTIL  THE  HEARING  FINDINGS  HAVE BEEN MADE AVAILABLE TO THE
PUBLIC FOR AT LEAST THIRTY DAYS. ANY PLAN FOR THE CLOSURE OF AN ASSISTED
LIVING RESIDENCE THAT IS APPROVED AFTER THE THIRTY DAY  PERIOD  REQUIRED
BY THIS PARAGRAPH SHALL PROVIDE AT LEAST NINETY DAYS NOTICE TO THE RESI-
DENTS  OF  THE ASSISTED LIVING RESIDENCE OF THE IMPENDING CLOSURE OF THE
RESIDENCE.
  4. (A) IN ADDITION TO THE HEARING REQUIRED BY THIS SECTION, THE APPRO-
PRIATE REGIONAL OFFICE OF THE DEPARTMENT MAY ALSO CONDUCT A PUBLIC MEET-
ING REGARDING THE PROPOSED CLOSURE  OF  THE  ASSISTED  LIVING  FACILITY,
BEFORE  THE DEPARTMENT APPROVES A PLAN FOR CLOSURE OF AN ASSISTED LIVING
RESIDENCE, UPON NOTICE TO THE OPERATOR AND THE MUNICIPALITY OR COMMUNITY
BOARD.
  (B) THE PUBLIC MEETING MAY BE RESCHEDULED, ADJOURNED OR CONTINUED, AND
THE APPROPRIATE REGIONAL OFFICE OF THE DEPARTMENT SHALL GIVE  NOTICE  TO
THE  OPERATOR  AND  THE  MUNICIPALITY  OR  COMMUNITY  BOARD  OF ANY SUCH
RESCHEDULED, ADJOURNED OR CONTINUED PUBLIC MEETING.
  5. AS CONTEMPLATED IN THIS SECTION,  NOTICE  TO  THE  MUNICIPALITY  OR
COMMUNITY  BOARD  SHALL  MEAN WRITTEN NOTICE MAILED BY THE DEPARTMENT TO
SUCH MUNICIPALITY OR COMMUNITY BOARD AT LEAST FIFTEEN DAYS IN ADVANCE OF
ANY HEARING OR PUBLIC MEETING SCHEDULED PURSUANT TO  THE  PROVISIONS  OF
THIS  SECTION.  UPON  THE REQUEST OF THE DEPARTMENT, ANY MUNICIPALITY OR
COMMUNITY BOARD MAY WAIVE THE FIFTEEN DAY NOTICE REQUIREMENT.
  S 2. This act shall take effect immediately.