Creates a temporary state commission to study and investigate the effects of closures of long term care facilities on the residents of such facilities and their families.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6390A
SPONSOR: Simon (MS) TITLE OF BILL:
An act to amend the elder law, in relation to creating a temporary state
commission to study and investigate the effects of closures of long term
care facilities on the residents of such facilities and their families;
and providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to protect residents of long term care
facilities from being unduly burdened by the closure of the facility
where they reside.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. This section would establish the Commission on Long Term Care
Facilities as follows:
* The Commission's duty would be to study and make recommendations on
the following issues:
o The effects of closures of long term care facilities on the residents
of such facilities;
o The effects of long term care closures on the family members of resi-
dents;
o The availability of long term care facility placements for residents
suffering from dementia or Alzheimer's disease or in need of skilled
nursing care;
o Feasibility of arranging comparable placements, as opposed to appro-
priate placements, in other facilities within the same geographic area;
o The sufficiency of current laws, rules, and regulations governing the
relocation of residents of a closing long term care facility; and
o Any other matters the commission deems appropriate.
* The Commission would make recommendations for additional legislation
or regulations as needed to govern the closing of long term care facili-
ties and facilitate the relocation of residents.
* The Commission would consist of eleven members:
o Commissioner of the Department of Health
o Director of the State Office for the Aging
o State Attorney General
o State Long Term Care Ombudsman
o Resident of the state who has expertise and experience in the fields
of long term care and advocacy
o Two appointments by the Temporary President of the Senate
o Two appointments by the Speaker of the Assembly
o One appointment each by the Minority Leader in each house
* The Commission shall report its findings one year after the first
meeting of the Commission.
* The Commission shall be empowered to receive any information it needs
from other state agencies and to administer oaths, subpoena witnesses,
and require any documents necessary to their work.
Section 2. Effective Date - This act shall take effect immediately and
expire one year after the report and recommendations are delivered.
JUSTIFICATION:
When long term care facilities close, they place a burden on the resi-
dents and their families to find a comparable placement at another
facility. Seniors who have been living in these facilities for years,
especially those who have Alzheimer's or dementia, can be severely
stressed and negatively affected by such an uprooting of their life
without adequate time to transition. It is vital that these facilities
consider the long term needs of the vulnerable seniors who reside there-
in and do a better job of planning for closures to minimize the impact
on residents.
PRIOR LEGISLATIVE HISTORY:
2014: A.9134 (Millman) - Reported to Ways and Means
2015: A.6390 (Simon) - Referred to Aging
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately, will be deemed repealed one year after report of recommen-
dations is made.
STATE OF NEW YORK
________________________________________________________________________
6390--A
2015-2016 Regular Sessions
IN ASSEMBLY
March 23, 2015
___________
Introduced by M. of A. SIMON, BRENNAN, ARROYO, BLAKE, COLTON, COOK,
CYMBROWITZ, GALEF, GOTTFRIED, JOYNER, MILLER, ROSENTHAL, LINARES,
SEAWRIGHT, BARRON, BARRETT, MOSLEY, ORTIZ -- Multi-Sponsored by -- M.
of A. BRAUNSTEIN, DAVILA, JAFFEE, LUPINACCI, MARKEY, PERRY, SKOUFIS,
SOLAGES, STIRPE -- read once and referred to the Committee on Aging --
recommitted to the Committee on Aging 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 elder law, in relation to creating a temporary state
commission to study and investigate the effects of closures of long
term care facilities on the residents of such facilities and their
families; and providing for the repeal of such provisions upon expira-
tion thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The elder law is amended by adding a new article 3 to read
2 as follows:
3 ARTICLE III
4 LONG TERM CARE FACILITIES
5 Section 300. Definitions.
6 301. Commission on long term care facilities.
7 § 300. Definitions. As used in this article:
8 1. "Director" shall mean the director of the office for the aging.
9 2. "Long term care facilities" shall mean residential health care
10 facilities as defined in subdivision three of section twenty-eight
11 hundred one of the public health law, and assisted living residences, as
12 defined in article forty-six-B of the public health law, or any facili-
13 ties which hold themselves out or advertise themselves as providing
14 assisted living services and which are required to be licensed or certi-
15 fied under the social services law or the public health law and adult
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06109-05-6
A. 6390--A 2
1 care facilities as defined in subdivision twenty-one of section two of
2 the social services law.
3 3. "State ombudsman" shall mean the state long term care ombudsman
4 appointed by the director pursuant to subdivision three of section two
5 hundred eighteen of this chapter.
6 § 301. Commission on long term care facilities. 1. A temporary state
7 commission, to be known as the commission on long term care facilities
8 (hereinafter the "commission"), is hereby created to study and make
9 recommendations concerning the following:
10 (a) the effects of closures of long term care facilities on residents
11 including, but not limited to, the disruption of any established commu-
12 nities within the facility and the physical and mental health impli-
13 cations related to moving a resident to a new facility;
14 (b) the effects of closures of long term care facilities on family
15 members of residents including, but not limited to, ability to visit
16 residents based on new distance of facility; availability of appropriate
17 placement for a resident; and, ensuring the transfer of legal documents
18 and special care instructions;
19 (c) the availability of long term care facility placements for New
20 Yorkers who need skilled nursing care or who have Alzheimer's disease or
21 other dementia;
22 (d) the feasibility of arranging comparable placements, as opposed to
23 appropriate placements, in other facilities within the same geographical
24 area when a long term care facility serves fifty or more residents;
25 (e) the effectiveness of current laws, rules, and regulations govern-
26 ing the process of closing a long term care facility, including notice
27 to residents and assistance to relocate residents; and
28 (f) such other matters as the commission deems appropriate.
29 2. The commission shall make recommendations for additional legis-
30 lation and/or regulations to govern the closing of long term care facil-
31 ities and facilitate the relocation of long term care facility residents
32 in a manner that is in the best interests of the residents in the event
33 of a closure of a long term care facility. The commission shall further
34 study the need, if any, to devise a notification system to alert resi-
35 dents and families not less than one year in advance of the closure or
36 potential closure of a long term care facility.
37 3. (a) The commission shall consist of eleven members to be appointed
38 as follows: five members shall be appointed by the governor and shall
39 include the commissioner of health, the director of the office for the
40 aging, the state attorney general, the state ombudsman, and one addi-
41 tional member who shall be a resident of the state with expertise and
42 experience in the fields of long term care and advocacy; two members
43 shall be appointed by the temporary president of the senate; two members
44 shall be appointed by the speaker of the assembly; one member shall be
45 appointed by the minority leader of the senate; and one member shall be
46 appointed by the minority leader of the assembly. All of the members
47 appointed by the temporary president of the senate, the speaker of the
48 assembly, the minority leader of the senate and the minority leader of
49 the assembly shall be residents of the state with expertise and experi-
50 ence in the fields of long term care and advocacy. No person shall be a
51 member of such commission while such person is a member of the senate or
52 assembly. Any vacancy on such commission shall be filled in the same
53 manner as the original appointment was made. A chairperson and vice-
54 chairperson of such commission shall be elected by the majority of its
55 members, all members being present.
A. 6390--A 3
1 (b) Except as provided in paragraph (a) of this subdivision, no
2 member, officer or employee of the commission shall be disqualified from
3 holding any other public office or employment, nor shall he or she
4 forfeit any such office or employment by reason of his or her appoint-
5 ment hereunder, notwithstanding the provisions of any general, special
6 or local law, ordinance or city charter.
7 (c) All members of the commission shall be appointed within sixty days
8 of the effective date of this section. The first meeting of the commis-
9 sion shall take place within thirty days after appointment of all
10 members of the commission.
11 4. The members of the commission shall receive no compensation for
12 their services.
13 5. The commission may employ and at pleasure remove such personnel as
14 it may deem necessary for the performance of its functions and fix their
15 compensation within the amounts made available by appropriation there-
16 for, if any, or by donation, if any. The commission may meet and hold
17 public and/or private hearings within or without the state, and shall
18 have all the powers of a legislative committee pursuant to the legisla-
19 tive law.
20 6. For the accomplishment of its purposes, the commission shall be
21 authorized and empowered to undertake any studies, inquiries, surveys or
22 analyses it may deem relevant through its own personnel or in cooper-
23 ation with or by agreement with any other public or private agency.
24 7. The commission may request and shall receive from any agency in the
25 state and from any subdivision, department, board, bureau, commission,
26 office, agency or other instrumentality of the state or of any political
27 subdivision thereof such facilities, assistance and data as it deems
28 necessary or desirable for the proper execution of its powers and duties
29 and to effectuate the purposes set forth in this section.
30 8. The commission is hereby authorized and empowered to enter into any
31 agreements and to do and perform any acts that may be necessary, desira-
32 ble or proper to carry out the purposes and objectives of this section.
33 9. The commission may administer oaths or affirmations, subpoena
34 witnesses, compel their attendance, examine them under oath or affirma-
35 tion and require the production of any books, records, documents or
36 other evidence it may deem relevant or material to an investigation.
37 10. The commission shall make a report of its findings and recommenda-
38 tions and shall submit such report, including any recommendations for
39 legislative action as it may deem necessary and appropriate, to the
40 governor, the temporary president of the senate, the speaker of the
41 assembly, the minority leader of the senate and the minority leader of
42 the assembly one year after the first meeting of the commission.
43 § 2. This act shall take effect immediately and shall continue in full
44 force and effect until one year after the report and recommendations of
45 the commission on long term care facilities is delivered to the governor
46 and the legislature when upon such date the provisions of this act shall
47 be deemed repealed; provided that the office for the aging shall notify
48 the legislative bill drafting commission upon the occurrence of the
49 enactment of the legislation provided for in section one of this act in
50 order that the commission may maintain an accurate and timely effective
51 data base of the official text of the laws of the state of New York in
52 furtherance of effectuating the provisions of section 44 of the legisla-
53 tive law and section 70-b of the public officers law.
