S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7668
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2017
                                ___________
 
 Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
   Committee on Health
 
 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
 INTENTIONS AND INCLUDE IN SUCH NOTICE A DESCRIPTION OF THE NATURE,  SIZE
 AND  COMMUNITY  SUPPORT REQUIREMENTS OF THE PROGRAM.  PROVIDED, HOWEVER,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11141-01-7
              

 A. 7668                             2
 
 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
 CHARACTER  OF  AREAS  WITHIN  THE  MUNICIPALITY  WOULD  BE SUBSTANTIALLY
 ALTERED; OR THE SPONSORING AGENCY OBJECTS  TO  THE  ESTABLISHMENT  OF  A

 A. 7668                             3
 
 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.
   § 2. This act shall take effect immediately.