S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1418
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M. of A. SIMON, ARROYO, BLAKE, COLTON, COOK, CYMBROWITZ,
   GALEF,  GOTTFRIED,  JOYNER,  M. G. MILLER,  L. ROSENTHAL,   SEAWRIGHT,
   BARRON,  BARRETT, MOSLEY, ORTIZ, CARROLL, D'URSO -- Multi-Sponsored by
   -- M. of A. BRAUNSTEIN, DAVILA, JAFFEE, PERRY, SOLAGES, STIRPE -- read
   once and referred to the Committee on Aging

 AN ACT to amend the elder law, in relation to creating a temporary state
   commission to study and investigate the effects of  closures  of  long
   term  care  facilities  on  the residents of such facilities and their
   families; and providing for the repeal of such provisions upon expira-
   tion thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The elder law is amended by adding a new article 4 to read
 as follows:
                                 ARTICLE IV
                         LONG TERM CARE FACILITIES
 SECTION 270. DEFINITIONS.
         271. COMMISSION ON LONG TERM CARE FACILITIES.
   § 270. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING.
   2. "LONG TERM CARE FACILITIES"  SHALL  MEAN  RESIDENTIAL  HEALTH  CARE
 FACILITIES  AS  DEFINED  IN  SUBDIVISION  THREE  OF SECTION TWENTY-EIGHT
 HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND ASSISTED LIVING RESIDENCES, AS
 DEFINED IN ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW, OR ANY  FACILI-
 TIES  WHICH  HOLD  THEMSELVES  OUT  OR ADVERTISE THEMSELVES AS PROVIDING
 ASSISTED LIVING SERVICES AND WHICH ARE REQUIRED TO BE LICENSED OR CERTI-
 FIED UNDER THE SOCIAL SERVICES LAW OR THE PUBLIC HEALTH  LAW  AND  ADULT
 CARE  FACILITIES  AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF
 THE SOCIAL SERVICES LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01684-01-9

              

 A. 1418                             2
 
   3. "STATE OMBUDSMAN" SHALL MEAN THE STATE  LONG  TERM  CARE  OMBUDSMAN
 APPOINTED  BY  THE DIRECTOR PURSUANT TO SUBDIVISION THREE OF SECTION TWO
 HUNDRED EIGHTEEN OF THIS CHAPTER.
   §  271.  COMMISSION ON LONG TERM CARE FACILITIES. 1. A TEMPORARY STATE
 COMMISSION, TO BE KNOWN AS THE COMMISSION ON LONG TERM  CARE  FACILITIES
 (HEREINAFTER  THE  "COMMISSION"),  IS  HEREBY  CREATED TO STUDY AND MAKE
 RECOMMENDATIONS CONCERNING THE FOLLOWING:
   (A) THE EFFECTS OF CLOSURES OF LONG TERM CARE FACILITIES ON  RESIDENTS
 INCLUDING,  BUT NOT LIMITED TO, THE DISRUPTION OF ANY ESTABLISHED COMMU-
 NITIES WITHIN THE FACILITY AND THE PHYSICAL  AND  MENTAL  HEALTH  IMPLI-
 CATIONS RELATED TO MOVING A RESIDENT TO A NEW FACILITY;
   (B)  THE  EFFECTS  OF  CLOSURES OF LONG TERM CARE FACILITIES ON FAMILY
 MEMBERS OF RESIDENTS INCLUDING, BUT NOT LIMITED  TO,  ABILITY  TO  VISIT
 RESIDENTS BASED ON NEW DISTANCE OF FACILITY; AVAILABILITY OF APPROPRIATE
 PLACEMENT  FOR A RESIDENT; AND, ENSURING THE TRANSFER OF LEGAL DOCUMENTS
 AND SPECIAL CARE INSTRUCTIONS;
   (C) THE AVAILABILITY OF LONG TERM CARE  FACILITY  PLACEMENTS  FOR  NEW
 YORKERS WHO NEED SKILLED NURSING CARE OR WHO HAVE ALZHEIMER'S DISEASE OR
 OTHER DEMENTIA;
   (D)  THE FEASIBILITY OF ARRANGING COMPARABLE PLACEMENTS, AS OPPOSED TO
 APPROPRIATE PLACEMENTS, IN OTHER FACILITIES WITHIN THE SAME GEOGRAPHICAL
 AREA WHEN A LONG TERM CARE FACILITY SERVES FIFTY OR MORE RESIDENTS;
   (E) THE EFFECTIVENESS OF CURRENT LAWS, RULES, AND REGULATIONS  GOVERN-
 ING  THE  PROCESS OF CLOSING A LONG TERM CARE FACILITY, INCLUDING NOTICE
 TO RESIDENTS AND ASSISTANCE TO RELOCATE RESIDENTS; AND
   (F) SUCH OTHER MATTERS AS THE COMMISSION DEEMS APPROPRIATE.
   2. THE COMMISSION SHALL MAKE  RECOMMENDATIONS  FOR  ADDITIONAL  LEGIS-
 LATION AND/OR REGULATIONS TO GOVERN THE CLOSING OF LONG TERM CARE FACIL-
 ITIES AND FACILITATE THE RELOCATION OF LONG TERM CARE FACILITY RESIDENTS
 IN  A MANNER THAT IS IN THE BEST INTERESTS OF THE RESIDENTS IN THE EVENT
 OF A CLOSURE OF A LONG TERM CARE FACILITY. THE COMMISSION SHALL  FURTHER
 STUDY  THE  NEED, IF ANY, TO DEVISE A NOTIFICATION SYSTEM TO ALERT RESI-
 DENTS AND FAMILIES NOT LESS THAN ONE YEAR IN ADVANCE OF THE  CLOSURE  OR
 POTENTIAL CLOSURE OF A LONG TERM CARE FACILITY.
   3.  (A) THE COMMISSION SHALL CONSIST OF ELEVEN MEMBERS TO BE APPOINTED
 AS FOLLOWS: FIVE MEMBERS SHALL BE APPOINTED BY THE  GOVERNOR  AND  SHALL
 INCLUDE  THE  COMMISSIONER OF HEALTH, THE DIRECTOR OF THE OFFICE FOR THE
 AGING, THE STATE ATTORNEY GENERAL, THE STATE OMBUDSMAN,  AND  ONE  ADDI-
 TIONAL  MEMBER  WHO  SHALL BE A RESIDENT OF THE STATE WITH EXPERTISE AND
 EXPERIENCE IN THE FIELDS OF LONG TERM CARE  AND  ADVOCACY;  TWO  MEMBERS
 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; TWO MEMBERS
 SHALL  BE  APPOINTED BY THE SPEAKER OF THE ASSEMBLY; ONE MEMBER SHALL BE
 APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER SHALL  BE
 APPOINTED  BY  THE  MINORITY LEADER OF THE ASSEMBLY.  ALL OF THE MEMBERS
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF  THE
 ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF
 THE ASSEMBLY SHALL BE RESIDENTS OF THE STATE WITH EXPERTISE AND  EXPERI-
 ENCE  IN THE FIELDS OF LONG TERM CARE AND ADVOCACY. NO PERSON SHALL BE A
 MEMBER OF SUCH COMMISSION WHILE SUCH PERSON IS A MEMBER OF THE SENATE OR
 ASSEMBLY. ANY VACANCY ON SUCH COMMISSION SHALL BE  FILLED  IN  THE  SAME
 MANNER  AS  THE  ORIGINAL  APPOINTMENT WAS MADE. A CHAIRPERSON AND VICE-
 CHAIRPERSON OF SUCH COMMISSION SHALL BE ELECTED BY THE MAJORITY  OF  ITS
 MEMBERS, ALL MEMBERS BEING PRESENT.
   (B)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH  (A)  OF THIS SUBDIVISION, NO
 MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION SHALL BE DISQUALIFIED FROM
 HOLDING ANY OTHER PUBLIC OFFICE OR  EMPLOYMENT,  NOR  SHALL  HE  OR  SHE

 A. 1418                             3
 
 FORFEIT  ANY  SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER APPOINT-
 MENT HEREUNDER, NOTWITHSTANDING THE PROVISIONS OF ANY  GENERAL,  SPECIAL
 OR LOCAL LAW, ORDINANCE OR CITY CHARTER.
   (C) ALL MEMBERS OF THE COMMISSION SHALL BE APPOINTED WITHIN SIXTY DAYS
 OF  THE EFFECTIVE DATE OF THIS SECTION. THE FIRST MEETING OF THE COMMIS-
 SION SHALL TAKE PLACE  WITHIN  THIRTY  DAYS  AFTER  APPOINTMENT  OF  ALL
 MEMBERS OF THE COMMISSION.
   4.  THE  MEMBERS  OF  THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES.
   5. THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL  AS
 IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR
 COMPENSATION  WITHIN  THE AMOUNTS MADE AVAILABLE BY APPROPRIATION THERE-
 FOR, IF ANY, OR BY DONATION, IF ANY. THE COMMISSION MAY  MEET  AND  HOLD
 PUBLIC  AND/OR  PRIVATE  HEARINGS WITHIN OR WITHOUT THE STATE, AND SHALL
 HAVE ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE  LEGISLA-
 TIVE LAW.
   6.  FOR  THE  ACCOMPLISHMENT  OF ITS PURPOSES, THE COMMISSION SHALL BE
 AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY STUDIES, INQUIRIES, SURVEYS OR
 ANALYSES IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL  OR  IN  COOPER-
 ATION WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
   7. THE COMMISSION MAY REQUEST AND SHALL RECEIVE FROM ANY AGENCY IN THE
 STATE  AND  FROM ANY SUBDIVISION, DEPARTMENT, BOARD, BUREAU, COMMISSION,
 OFFICE, AGENCY OR OTHER INSTRUMENTALITY OF THE STATE OR OF ANY POLITICAL
 SUBDIVISION THEREOF SUCH FACILITIES, ASSISTANCE AND  DATA  AS  IT  DEEMS
 NECESSARY OR DESIRABLE FOR THE PROPER EXECUTION OF ITS POWERS AND DUTIES
 AND TO EFFECTUATE THE PURPOSES SET FORTH IN THIS SECTION.
   8. THE COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO ENTER INTO ANY
 AGREEMENTS AND TO DO AND PERFORM ANY ACTS THAT MAY BE NECESSARY, DESIRA-
 BLE OR PROPER TO CARRY OUT THE PURPOSES AND OBJECTIVES OF THIS SECTION.
   9.  THE  COMMISSION  MAY  ADMINISTER  OATHS  OR AFFIRMATIONS, SUBPOENA
 WITNESSES, COMPEL THEIR ATTENDANCE, EXAMINE THEM UNDER OATH OR  AFFIRMA-
 TION  AND  REQUIRE  THE  PRODUCTION  OF ANY BOOKS, RECORDS, DOCUMENTS OR
 OTHER EVIDENCE IT MAY DEEM RELEVANT OR MATERIAL TO AN INVESTIGATION.
   10. THE COMMISSION SHALL MAKE A REPORT OF ITS FINDINGS AND RECOMMENDA-
 TIONS AND SHALL SUBMIT SUCH REPORT, INCLUDING  ANY  RECOMMENDATIONS  FOR
 LEGISLATIVE  ACTION  AS  IT  MAY  DEEM NECESSARY AND APPROPRIATE, TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF
 THE ASSEMBLY ONE YEAR AFTER THE FIRST MEETING OF THE COMMISSION.
   § 2. This act shall take effect immediately and shall continue in full
 force and effect until one year after the report and recommendations  of
 the commission on long term care facilities is delivered to the governor
 and the legislature when upon such date the provisions of this act shall
 be  deemed repealed; provided that the office for the aging shall notify
 the legislative bill drafting commission  upon  the  occurrence  of  the
 enactment  of the legislation provided for in section one of this act in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.