senate Bill S7549A

2013-2014 Legislative Session

Specifies procedures for the closure of for profit assisted living residences

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Archive: Last Bill Status - In Committee


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

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Actions

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

Bill Amendments

Original
A (Active)
Original
A (Active)

S7549 - Bill Details

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

S7549 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S7549

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

PURPOSE: Specifies procedures for the closure of assisted living
residences.

SUMMARY OF SPECIFIC PROVISIONS: In the event that an operator of an
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 operator shall notify
the appropri- ate regional office of the department in writing at
least one hundred and eighty 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 population. Giving them 180 days would
alleviate some of the stress of this situation.

PRIOR LEGISLATIVE HISTORY: New Bill

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 appropriately relocated, shall result in the imposition of civil
penalties.

EFFECTIVE DATE: This act shall take effect immediately.

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                    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

S. 7549                             2

  (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 FOR PROFIT ASSISTED LIVING RESIDENCE.
  3.  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.
  4. 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 immediately and shall apply to all
closures of for profit assisted living residences occurring on or  after
such  effective  date  and to all closures of for profit assisted living
residences pending such effective date.

S7549A (ACTIVE) - Bill Details

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

S7549A (ACTIVE) - Bill Texts

view summary

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

view 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.

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                    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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