Assembly Bill A5998B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5998
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2025
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the social services law, in relation to notice of  adult
   care facility closure requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 461-v to read as follows:
   §  461-V.  NOTICE  OF  ADULT  CARE  FACILITY CLOSURE; REQUIREMENTS. 1.
 IMMEDIATELY UPON THE SUBMISSION OF A NOTICE OF SUSPENSION OR  REVOCATION
 OF  AN  OPERATING  CERTIFICATE FROM THE DEPARTMENT TO THE OPERATOR OF AN
 ADULT CARE FACILITY, THE DEPARTMENT SHALL SUBMIT  ELECTRONIC  COPIES  OF
 SUCH  NOTICE  WITH  SUPPORTING  DOCUMENTATION TO THE GOVERNOR, THE STATE
 COMPTROLLER, THE INVESTIGATIONS AND HEALTH CARE BUREAUS OF THE OFFICE OF
 THE NEW YORK STATE ATTORNEY GENERAL, THE MEMBERS OF THE LEGISLATURE THAT
 REPRESENT THE AREA WHERE THE FACILITY IS LOCATED, AND THE  EXECUTIVE  OF
 THE  COUNTY  WHERE  THE  FACILITY  IS LOCATED. SUCH WRITTEN NOTICE SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE NAME OF THE OPERATOR AND THE OPERATOR'S CURRENT ADDRESS;
   (B) IDENTIFICATION OF THE LOCATION OF THE ADULT CARE FACILITY;
   (C) THE DATE ON WHICH THE DEPARTMENT'S  REVOCATION  OR  SUSPENSION  OF
 OPERATING CERTIFICATE SHALL TAKE EFFECT; AND
   (D)  A  BRIEF  DESCRIPTION  OF  THE NATURE OF THE VIOLATIONS THAT HAVE
 NECESSITATED THE REVOCATION OR SUSPENSION OF  THE  FACILITY'S  OPERATING
 CERTIFICATE.
   2.  (A)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH  (B) OF THIS SUBDIVISION,
 SUPPORTING DOCUMENTATION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION
 SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFI-
 CERS LAW.
   (B) DURING THE THIRTY-DAY  PERIOD  PRIOR  TO  THE  CLOSING  DATE,  THE
 DEPARTMENT SHALL POST ON ITS WEBSITE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06735-01-5
              

 A. 5998                             2
 
   (I) A SUMMARY OF THE VIOLATIONS AT THE ADULT CARE FACILITY;
   (II) AN EXPLANATION OF THE GROUPS OR INDIVIDUALS LIKELY TO BE IMPACTED
 BY THE CLOSURE; AND
   (III)  A  SUMMARY  OF THE FACILITY OPERATOR'S PLAN TO ENSURE CONTINUED
 CARE FOR ALL RESIDENTS TO BE IMPACTED.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5998--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2025
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Health -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the social services law, in relation to notice of adult
   care facility closure requirements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 461-v to read as follows:
   § 461-V.  CLOSURE OF ADULT CARE FACILITIES. 1. IN THE EVENT  THAT  THE
 DEPARTMENT REVOKES OR SUSPENDS OR INTENDS TO REVOKE OR SUSPEND OR OTHER-
 WISE  LIMIT  THE  OPERATING  CERTIFICATE FOR AN ADULT CARE FACILITY, THE
 FOLLOWING SHALL APPLY:
   (A) THE DEPARTMENT SHALL  PROVIDE  COPIES  OF  ALL  WRITTEN  MATERIALS
 PERTAINING  TO  THE  ACTION  INCLUDING,  BUT NOT LIMITED TO, THE HEARING
 NOTICE AND NOTICE OF CHARGES SERVED UPON THE OPERATOR OF  SUCH  FACILITY
 TO  THE GOVERNOR, THE OFFICE OF THE STATE COMPTROLLER, THE OFFICE OF THE
 NEW YORK STATE ATTORNEY GENERAL, THE JUSTICE CENTER FOR  THE  PROTECTION
 OF  PEOPLE WITH SPECIAL NEEDS, AND THE MEMBERS OF THE STATE ASSEMBLY AND
 THE STATE SENATE REPRESENTING THE MUNICIPALITY IN WHICH THE FACILITY  IS
 LOCATED.
   (B)  COPIES OF ALL WRITTEN MATERIALS SHALL ALSO BE CONCURRENTLY DELIV-
 ERED TO THE CHIEF EXECUTIVE OFFICER AND THE  PRESIDING  OFFICER  OF  THE
 LOCAL  LEGISLATIVE BODY OF EACH COUNTY, EXCEPT A COUNTY WHOLLY CONTAINED
 WITHIN A CITY, TOWN OR VILLAGE IN WHICH THE FACILITY IS LOCATED AND,  IN
 A  CITY  WITH A POPULATION OF ONE MILLION OR MORE, ALSO TO THE COMMUNITY
 BOARD IN WHOSE DISTRICT THE FACILITY IS LOCATED.
   2. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  THE
 WRITTEN  MATERIALS PROVIDED IN SUBDIVISION ONE OF THIS SECTION SHALL NOT
 BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06735-04-5
 A. 5998--A                          2
              

 
   (B) DURING THE THIRTY-DAY  PERIOD  PRIOR  TO  THE  HEARING  DATE,  THE
 DEPARTMENT SHALL POST ON ITS WEBSITE:
   (I) A SUMMARY OF THE VIOLATIONS AT THE ADULT CARE FACILITY;
   (II) AN EXPLANATION OF THE GROUPS OR INDIVIDUALS LIKELY TO BE IMPACTED
 BY THE CLOSURE; AND
   (III)  A  SUMMARY  OF THE FACILITY OPERATOR'S PLAN TO ENSURE CONTINUED
 CARE FOR ALL RESIDENTS TO BE IMPACTED.
   § 2. This act shall take effect on the first of April next  succeeding
 the  date  on  which  it  shall have become a law and shall apply to all
 closures of adult care facilities occurring on or after  such  effective
 date  and  to all closures of adult care facilities pending on and after
 such effective date.  Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.