senate Bill S7549A

2013-2014 Legislative Session

Specifies procedures for the closure of for profit assisted living residences

download bill text pdf

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Archive: Last Bill Status -


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2014 print number 7549a
amend (t) and recommit to aging
May 15, 2014 referred to aging

S7549 - Details

See Assembly Version of this Bill:
A9428C
Law Section:
Public Health Law
Laws Affected:
Add Art 46-B §4653-a, Pub Health L

S7549 - Summary

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

S7549 - Sponsor Memo

S7549 - Bill Text download pdf

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

                                  7549

                            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

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
  (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.
                                                           LBD14852-04-4

S7549A (ACTIVE) - Details

See Assembly Version of this Bill:
A9428C
Law Section:
Public Health Law
Laws Affected:
Add Art 46-B §4653-a, Pub Health L

S7549A (ACTIVE) - Summary

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

S7549A (ACTIVE) - Sponsor Memo

S7549A (ACTIVE) - Bill Text download pdf

                    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.

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