Senate Bill S6959A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6959--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2025
                                ___________
 
 Introduced  by  Sens.  HINCHEY, BROUK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health --  recom-
   mitted  to  the  Committee on Health in accordance with Senate Rule 6,
   sec. 8 -- 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.
   (C) DURING THE THIRTY-DAY  PERIOD  PRIOR  TO  THE  HEARING  DATE,  THE
 DEPARTMENT SHALL POST ON ITS WEBSITE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06735-06-6
              

 S. 6959--A                          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. 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.