S T A T E   O F   N E W   Y O R K
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                                 3959--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M.  of  A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
  THIELE -- read once and referred to the Committee on Health --  recom-
  mitted  to the Committee on Health in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the social services law, in relation to requiring the
  prior approval of a municipality with respect to  site  selection  for
  adult care facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 461-b of the social  services  law  is  amended  by
adding a new subdivision 11 to read as follows:
  11.  (A)  FOR  THE  PURPOSES  OF THIS SUBDIVISION, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
  (I) "ADULT CARE FACILITY" MEANS AN  ADULT  CARE  FACILITY  AS  DEFINED
UNDER SUBDIVISION TWENTY-ONE OF SECTION TWO OF THIS CHAPTER.
  (II)  "SPONSORING  AGENCY"  MEANS  AN  AGENCY OR UNIT OF GOVERNMENT, A
VOLUNTARY AGENCY OR ANY OTHER PERSON OR ORGANIZATION  WHICH  INTENDS  TO
ESTABLISH OR OPERATE AN ADULT CARE FACILITY.
  (III) "MUNICIPALITY" MEANS AN INCORPORATED VILLAGE IF A FACILITY IS TO
BE  LOCATED THEREIN, A TOWN IF THE FACILITY IS TO BE LOCATED THEREIN AND
NOT SIMULTANEOUSLY WITHIN AN INCORPORATED VILLAGE,  OR  A  CITY,  EXCEPT
THAT IN THE CITY OF NEW YORK, THE COMMUNITY BOARD WITH JURISDICTION OVER
THE  AREA  IN WHICH SUCH A FACILITY IS TO BE LOCATED SHALL BE CONSIDERED
THE MUNICIPALITY.
  (IV) "COMMISSIONER" MEANS  THE  COMMISSIONER  OF  THE  OFFICE  OF  THE
DEPARTMENT RESPONSIBLE FOR ISSUANCE OF LICENSE AND OPERATING CERTIFICATE
TO THE PROPOSED ADULT CARE FACILITY.
  (B) IF A SPONSORING AGENCY INTENDS TO ESTABLISH AN ADULT CARE FACILITY
WITHIN A MUNICIPALITY BUT DOES NOT HAVE A SPECIFIC SITE SELECTED, IT MAY
NOTIFY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WRITING OF ITS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05732-02-6
              

A. 3959--A                          2

INTENTIONS  AND INCLUDE IN SUCH NOTICE A DESCRIPTION OF THE NATURE, SIZE
AND COMMUNITY SUPPORT REQUIREMENTS OF THE PROGRAM.   PROVIDED,  HOWEVER,
NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE PROPOSED ESTABLISHMENT OF A
SITE PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  (C)  (I)  WHEN  A  SITE HAS BEEN SELECTED BY THE SPONSORING AGENCY, IT
SHALL NOTIFY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN  WRITING
AND INCLUDE IN SUCH NOTICE THE SPECIFIC ADDRESS OF THE SITE, THE TYPE OF
COMMUNITY  RESIDENCE,  THE NUMBER OF RESIDENTS AND THE COMMUNITY SUPPORT
REQUIREMENTS OF THE PROGRAM. SUCH NOTICE SHALL  ALSO  CONTAIN  THE  MOST
RECENTLY  PUBLISHED  DATA  COMPILED  PURSUANT  TO  SECTION  FOUR HUNDRED
SIXTY-THREE-A OF THIS ARTICLE WHICH CAN REASONABLY BE EXPECTED TO PERMIT
THE MUNICIPALITY TO EVALUATE ALL SUCH FACILITIES  AFFECTING  THE  NATURE
AND  CHARACTER  OF  THE  AREA  WHEREIN  SUCH  PROPOSED FACILITY IS TO BE
LOCATED. THE MUNICIPALITY SHALL HAVE FORTY DAYS  AFTER  THE  RECEIPT  OF
SUCH NOTICE TO:
  (1) APPROVE THE SITE RECOMMENDED BY THE SPONSORING AGENCY;
  (2)  SUGGEST  ONE OR MORE SUITABLE SITES WITHIN ITS JURISDICTION WHICH
COULD ACCOMMODATE SUCH A FACILITY; OR
  (3) OBJECT TO THE ESTABLISHMENT OF A FACILITY OF THE KIND DESCRIBED BY
THE SPONSORING AGENCY BECAUSE TO DO SO WOULD RESULT IN  SUCH  A  CONCEN-
TRATION  OF  ADULT CARE FACILITIES IN THE MUNICIPALITY OR IN THE AREA IN
PROXIMITY TO THE SITE SELECTED OR A COMBINATION OF SUCH FACILITIES  WITH
OTHER COMMUNITY RESIDENCES OR SIMILAR FACILITIES LICENSED BY OTHER AGEN-
CIES OF STATE GOVERNMENT, INCLUDING ALL COMMUNITY RESIDENCES, INTERMEDI-
ATE CARE FACILITIES, RESIDENTIAL CARE FACILITIES FOR ADULTS AND RESIDEN-
TIAL  TREATMENT  FACILITIES  FOR  INDIVIDUALS  WITH  MENTAL  ILLNESS  OR
DEVELOPMENTAL DISABILITIES OPERATED PURSUANT TO ARTICLE SIXTEEN OR ARTI-
CLE THIRTY-ONE OF THE MENTAL HYGIENE LAW  AND  ALL  SIMILAR  RESIDENTIAL
FACILITIES OF FOURTEEN OR FEWER RESIDENTS OPERATED OR LICENSED BY ANOTH-
ER  STATE  AGENCY, THAT THE NATURE AND CHARACTER OF THE AREAS WITHIN THE
MUNICIPALITY WOULD BE SUBSTANTIALLY ALTERED.
  SUCH RESPONSE SHALL BE FORWARDED TO  THE  SPONSORING  AGENCY  AND  THE
COMMISSIONER.  IF  THE  MUNICIPALITY DOES NOT RESPOND WITHIN FORTY DAYS,
THE SPONSORING AGENCY MAY ESTABLISH AN ADULT CARE  FACILITY  AT  A  SITE
RECOMMENDED IN ITS NOTICE.
  (II)  PRIOR  TO FORWARDING A RESPONSE TO THE SPONSORING AGENCY AND THE
COMMISSIONER, THE MUNICIPALITY MAY HOLD A  PUBLIC  HEARING  PURSUANT  TO
LOCAL LAW.
  (III)  IF  THE MUNICIPALITY APPROVES THE SITE RECOMMENDED BY THE SPON-
SORING AGENCY, THE SPONSORING AGENCY SHALL SEEK TO ESTABLISH THE FACILI-
TY AT THE APPROVED SITE.
  (IV) IF THE SITE OR SITES SUGGESTED BY THE MUNICIPALITY ARE  SATISFAC-
TORY  WITH REGARD TO THE NATURE, SIZE AND COMMUNITY SUPPORT REQUIREMENTS
OF THE PROGRAM OF THE PROPOSED FACILITY AND THE AREA IN WHICH SUCH  SITE
OR  SITES  ARE  LOCATED  DOES NOT ALREADY INCLUDE AN EXCESSIVE NUMBER OF
ADULT CARE FACILITIES OR SIMILAR  FACILITIES  LICENSED  BY  OTHER  STATE
AGENCIES,  THE SPONSORING AGENCY SHALL SEEK TO ESTABLISH ITS FACILITY AT
ONE OF THE SITES DESIGNATED BY THE  MUNICIPALITY.  IF  THE  MUNICIPALITY
SUGGESTS  A  SITE  OR SITES WHICH ARE NOT SATISFACTORY TO THE SPONSORING
AGENCY, THE AGENCY SHALL SO NOTIFY THE  MUNICIPALITY  WHICH  SHALL  HAVE
FIFTEEN  DAYS  TO  SUGGEST AN ALTERNATIVE SITE OR SITES FOR THE PURPOSED
ADULT CARE FACILITY.
  (V) IN THE EVENT THE MUNICIPALITY OBJECTS TO ESTABLISHMENT OF A FACIL-
ITY IN THE MUNICIPALITY BECAUSE TO DO SO WOULD RESULT IN SUCH A  CONCEN-
TRATION  OF  ADULT CARE FACILITIES OR COMBINATION OF SUCH FACILITIES AND
OTHER FACILITIES LICENSED BY OTHER STATE AGENCIES THAT  THE  NATURE  AND

A. 3959--A                          3

CHARACTER  OF  AREAS  WITHIN  THE  MUNICIPALITY  WOULD  BE SUBSTANTIALLY
ALTERED; OR THE SPONSORING AGENCY OBJECTS  TO  THE  ESTABLISHMENT  OF  A
FACILITY  IN  THE AREA OR AREAS SUGGESTED BY THE MUNICIPALITY; OR IN THE
EVENT  THAT  THE  MUNICIPALITY AND SPONSORING AGENCY CANNOT AGREE UPON A
SITE, EITHER THE SPONSORING AGENCY OR THE MUNICIPALITY  MAY  REQUEST  AN
IMMEDIATE  HEARING  BEFORE  THE  COMMISSIONER  TO RESOLVE THE ISSUE. THE
COMMISSIONER SHALL PERSONALLY OR BY A HEARING  OFFICER  CONDUCT  SUCH  A
HEARING WITHIN FIFTEEN DAYS OF SUCH A REQUEST.
  (VI) IN REVIEWING ANY SUCH OBJECTIONS, THE NEED FOR SUCH FACILITIES IN
THE MUNICIPALITY SHALL BE CONSIDERED AS SHALL THE EXISTING CONCENTRATION
OF  SUCH FACILITIES AND OTHER SIMILAR FACILITIES LICENSED BY OTHER STATE
AGENCIES IN THE MUNICIPALITY OR IN THE AREA IN  PROXIMITY  TO  THE  SITE
SELECTED.  THE COMMISSIONER SHALL SUSTAIN THE OBJECTION IF HE DETERMINES
THAT THE NATURE AND CHARACTER OF THE AREA IN WHICH THE FACILITY IS TO BE
BASED WOULD BE SUBSTANTIALLY ALTERED AS A RESULT OF ESTABLISHMENT OF THE
FACILITY. THE COMMISSIONER SHALL MAKE A DETERMINATION WITHIN THIRTY DAYS
OF THE HEARING.
  (D) REVIEW OF A DECISION RENDERED BY THE COMMISSIONER PURSUANT TO THIS
SECTION MAY BE HAD IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT  OF
THE  CIVIL  PRACTICE  LAW  AND RULES COMMENCED WITHIN THIRTY DAYS OF THE
DETERMINATION OF THE COMMISSIONER.
  (E) (I) A LICENSING AUTHORITY SHALL NOT ISSUE AN OPERATING CERTIFICATE
TO A SPONSORING AGENCY FOR OPERATION OF A  FACILITY  IF  THE  SPONSORING
AGENCY  DOES NOT NOTIFY THE MUNICIPALITY OF ITS INTENTION TO ESTABLISH A
PROGRAM AS REQUESTED BY PARAGRAPH (C) OF THIS SUBDIVISION. ANY OPERATING
CERTIFICATE ISSUED  WITHOUT  COMPLIANCE  WITH  THE  PROVISIONS  OF  THIS
SECTION SHALL BE CONSIDERED NULL AND VOID AND CONTINUED OPERATION OF THE
FACILITY MAY BE ENJOINED.
  (II) THE DEPARTMENT OF HEALTH SHALL NOT ISSUE AN OPERATING CERTIFICATE
FOR  THE  OPERATION  OF  AN ADULT CARE FACILITY IF THE AGENCY OR UNIT OF
GOVERNMENT, VOLUNTARY AGENCY OR ANY OTHER PERSON OR  ORGANIZATION  WHICH
INTENDS  TO  ESTABLISH  OR  OPERATE  SUCH A FACILITY DOES NOT NOTIFY THE
CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WHICH THAT FACILITY IS TO
BE ESTABLISHED IN WRITING OF THE INTENTION TO  ESTABLISH  SUCH  FACILITY
AND INCLUDE IN SUCH NOTICE THE SPECIFIC ADDRESS OF THE SITE, THE TYPE OF
RESIDENCE,  THE  NUMBER  OF RESIDENTS AND THE COMMUNITY SUPPORT REQUIRE-
MENTS OF THE PROGRAM; PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN  THIS
PARAGRAPH  SHALL  EITHER BE CONSTRUED TO REQUIRE FACILITIES OF MORE THAN
FOURTEEN BEDS TO MEET ANY OTHER REQUIREMENT OF THIS SECTION, OR TO  DEEM
SUCH  FACILITIES  FAMILY  UNITS FOR THE PURPOSES OF LOCAL LAWS AND ORDI-
NANCES.
  S 2. This act shall take effect immediately.