Assembly Bill A5998

                             
                     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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5998--B
 
                        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  --  recommitted to the
   Committee on Health in accordance with Assembly  Rule  3,  sec.  2  --
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06735-05-6
 A. 5998--B                          2
              

 
   (C)  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. EXCEPT AS PROVIDED IN PARAGRAPH (C)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE  WRITTEN  MATERIALS  PROVIDED  IN  SUBDIVISION ONE OF THIS
 SECTION SHALL NOT BE SUBJECT TO DISCLOSURE  UNDER  ARTICLE  SIX  OF  THE
 PUBLIC  OFFICERS LAW. SUCH WRITTEN MATERIALS SHALL NOT INCLUDE ANY INDI-
 VIDUAL IDENTIFYING INFORMATION.
   3. IN THE EVENT THAT AN ADULT CARE FACILITY SURRENDERS  ITS  OPERATING
 CERTIFICATE,  THE  DEPARTMENT  SHALL  PROVIDE  A COPY OF SUCH FACILITY'S
 CLOSURE PLAN AND A COPY OF  ALL  WRITTEN  MATERIALS  IN  ITS  POSSESSION
 PERTAINING  TO  SUCH CLOSURE TO ALL THE PARTIES LISTED IN PARAGRAPHS (A)
 AND (B) OF SUBDIVISION ONE OF THIS SECTION. SUCH WRITTEN MATERIALS SHALL
 NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF  THE  PUBLIC  OFFICERS
 LAW AND SHALL NOT INCLUDE ANY IDENTIFYING INFORMATION.
   §  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.