S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2230
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.  Section  4653-a  of  the public health law, as added by a
 chapter of the laws of 2022 amending the public health law  relating  to
 specifying procedures for the closure and/or decertification of assisted
 living  residences, as proposed in legislative bills numbers S. 3932 and
 A.  2211, is amended 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 AND THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN in writ-
 ing  prior  to  the  anticipated  date of closure of the assisted living
 residence and/or the decertification of [such] THE assisted living resi-
 dence.
   (b) [Such] THE 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 operator will take to:
   (i)  notify  residents  and  the  residents'  representatives  of  the
 closure, and/or decertification, including provisions for termination of
 [admission] RESIDENCY agreements and involuntary discharge;
   (ii) assess the needs and preferences of individual residents;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04142-01-3
              

 S. 2230                             2
 
   (iii)  assist  residents in relocating and transferring to appropriate
 alternative settings; and
   (iv)  maintain  compliance with approved plan until all residents have
 relocated.
   (C) THE PLAN OF CLOSURE SHALL BE REVIEWED BY THE  COMMISSIONER  WITHIN
 NINETY DAYS OF SUBMISSION.
   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;];
 PROVIDED  THAT AN OPERATOR SHALL NOT BE PROHIBITED FROM AMENDING A RESI-
 DENCY AGREEMENT TO ACCOUNT FOR CHANGES IN SUPPLEMENTAL  SECURITY  INCOME
 HOWEVER,  the  total  of  [such increases] THE CHANGES for an individual
 shall not exceed the amount of the increase in the individual's  supple-
 mental  security  income.  THE  OPERATOR SHALL PROVIDE EACH RESIDENT, AS
 APPLICABLE, WRITTEN NOTICE OF ANY INCREASE NOT LESS THAN FORTY-FIVE DAYS
 PRIOR TO THE PROPOSED EFFECTIVE DATE OF THE FEE INCREASE CONSISTENT WITH
 THE NOTICE REQUIREMENT IN SECTION FORTY-SIX HUNDRED SIXTY OF THIS  ARTI-
 CLE.
   (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
 notification  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] THE 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-
 S. 2230                             3

 ly relocated, shall result in  the  imposition  of  civil  penalties  in
 accordance with section twelve of this chapter.
   6.  The  commissioner may [promulgate] MAKE 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 same date and in the same
 manner as a chapter of the laws of 2022 amending the public  health  law
 relating to specifying procedures for the closure and/or decertification
 of  assisted living residences, as proposed in legislative bills numbers
 S. 3932 and A. 2211, takes effect.