S T A T E   O F   N E W   Y O R K
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                                  4609--A
     Cal. No. 743
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sens.  SAVINO,  CARLUCCI,  MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Aging --
   reported favorably from said committee, ordered to  first  and  second
   report,  amended  on second report, ordered to a third reading, and to
   be reprinted as amended, retaining its place in  the  order  of  third
   reading
 
 AN  ACT to amend the public health law, in relation to specifying proce-
   dures for the closure and/or decertification of assisted living  resi-
   dences
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 2 of article 46-B of the public health law is amended
 by adding a new section 4653-a to read as follows:
   § 4653-A. CLOSURE OF ASSISTED LIVING RESIDENCES.   1.   IN  THE  EVENT
 THAT  AN OPERATOR OF AN ASSISTED LIVING RESIDENCE ELECTS TO CLOSE 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/OR THE DECERTIFICATION  OF  SUCH  ASSISTED
 LIVING RESIDENCE.
   (B)  SUCH  WRITTEN  NOTICE  SHALL  INCLUDE A PROPOSED PLAN FOR CLOSURE
 AND/OR DECERTIFICATION. THE PLAN SHALL BE SUBJECT TO THE APPROVAL OF THE
 COMMISSIONER, SHALL INCLUDE TIMETABLES FOR ALL  STEPS  ENTAILED  IN  THE
 CLOSURE PROCESS AND SHALL DESCRIBE THE PROCEDURES AND ACTIONS THE OPERA-
 TOR WILL TAKE TO:
   (I)  NOTIFY  RESIDENTS  AND  THE  RESIDENTS'  REPRESENTATIVES  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 RELOCATING AND TRANSFERRING  TO  APPROPRIATE
 ALTERNATIVE SETTINGS; AND
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01685-03-9

 S. 4609--A                          2
 
   (IV)  MAINTAIN  COMPLIANCE WITH APPROVED PLAN UNTIL ALL RESIDENTS HAVE
 RELOCATED.
   2.  (A) THE OPERATOR SHALL TAKE NO ACTION TO CLOSE THE ASSISTED LIVING
 RESIDENCE PRIOR TO APPROVAL  FROM  THE  COMMISSIONER  OF  THE  PLAN  FOR
 CLOSURE AND/OR DECERTIFICATION.
   (B)  THE  OPERATOR SHALL NOT CLOSE THE ASSISTED LIVING RESIDENCE UNTIL
 ALL  RESIDENTS  THEREOF  HAVE  TRANSFERRED  TO  APPROPRIATE  ALTERNATIVE
 SETTINGS.
   (C)  THE  OPERATOR  SHALL NOT INCREASE THE AMOUNT OF ANY RENT, FEES OR
 OTHER SURCHARGES IMPOSED UPON THE RESIDENTS OF THE ASSISTED LIVING RESI-
 DENCE, THEIR RESIDENTS' REPRESENTATIVES, AND/OR  ANY  APPLICABLE  HEALTH
 INSURANCE  PLAN,  LONG  TERM CARE PLAN OR OTHER INSURANCE PLAN PROVIDING
 PAYMENT TO THE RESIDENCE ON BEHALF OF THE RESIDENT PRIOR TO THE APPROVAL
 OF THE PLAN FOR CLOSURE  AND/OR  DECERTIFICATION  BY  THE  COMMISSIONER,
 PROVIDED HOWEVER, THAT THE OPERATOR MAY INCREASE THE AMOUNT OF ANY RENT,
 FEES OR OTHER SURCHARGES IMPOSED UPON AN INDIVIDUAL RESIDENT CORRESPOND-
 ING  WITH  AN INCREASE IN THE INDIVIDUAL'S SUPPLEMENTAL SECURITY INCOME;
 THE TOTAL OF SUCH INCREASES FOR  AN  INDIVIDUAL  SHALL  NOT  EXCEED  THE
 AMOUNT OF THE INCREASE IN THE INDIVIDUAL'S SUPPLEMENTAL SECURITY INCOME.
   (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 AND/OR
 DECERTIFY THE ASSISTED LIVING RESIDENCE.
   3. AS PART OF THE FINAL APPROVAL OF THE CLOSURE PLAN, THE  DEPARTMENT,
 CENTER FOR HEALTH CARE QUALITY AND SURVEILLANCE AND OPERATOR SHALL AGREE
 UPON  A  TARGET CLOSURE DATE, WHICH SHALL BE AT LEAST ONE HUNDRED TWENTY
 DAYS FROM THE ACTUAL DATE THAT THE OPERATOR PROVIDES  WRITTEN  NOTIFICA-
 TION TO THE RESIDENTS AND THE RESIDENTS' REPRESENTATIVES OF THE CLOSURE.
 IN  PROVIDING  NOTIFICATION  OF  SUCH  TARGET CLOSURE DATE, THE OPERATOR
 SHALL ALSO NOTIFY RESIDENTS  AND  THE  RESIDENTS'  REPRESENTATIVES  THAT
 ADDITIONAL  TIME  WILL  BE  PROVIDED  TO  RESIDENTS  WHO MAKE GOOD FAITH
 EFFORTS, AS DETERMINED BY THE COMMISSIONER,  TO  SECURE  AN  ALTERNATIVE
 SETTING  AND  HAVE DEMONSTRATED A REASONABLE 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
 ASSISTED LIVING RESIDENCE AT SUCH TIME.
   4. THE OPERATOR SHALL IMPLEMENT  THE  APPROVED  PLAN  TO  ENSURE  THAT
 ARRANGEMENTS  FOR  CONTINUED  CARE  WHICH  MEET  EACH RESIDENT'S SOCIAL,
 EMOTIONAL AND HEALTH CARE NEEDS ARE EFFECTUATED PRIOR TO CLOSURE  AND/OR
 DECERTIFICATION.
   5.  FAILURE  TO  NOTIFY  THE DEPARTMENT OF INTENT TO CEASE OPERATIONS,
 FAILURE TO SUBMIT A PLAN FOR CLOSURE AND/OR DECERTIFICATION, FAILURE  TO
 EXECUTE THE APPROVED PLAN FOR CLOSURE AND/OR DECERTIFICATION AND CLOSING
 AN ASSISTED LIVING RESIDENCE BEFORE ALL RESIDENTS HAVE BEEN APPROPRIATE-
 LY  RELOCATED,  SHALL  RESULT  IN  THE  IMPOSITION OF CIVIL PENALTIES IN
 ACCORDANCE WITH SECTION TWELVE OF THIS CHAPTER.
   6. THE COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS AS HE OR
 SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law, and shall apply to all
 closures of assisted living residences occurring on or after such effec-
 tive date and to all closures of assisted living residences pending such
 effective date; provided, however, that effective immediately, the addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are authorized  and
 directed to be made and completed on or before such effective date.