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