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.