STATE OF NEW YORK
________________________________________________________________________
9427
IN ASSEMBLY
April 29, 2014
___________
Introduced by M. of A. MILLMAN -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring the
department of public health to conduct a hearing prior to approving a
closure of an assisted living facility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 46-B of the public health law is amended by adding
2 a new section 4653-a to read as follows:
3 § 4653-a. Hearing prior to closure of an assisted living residence. 1.
4 Before it may approve any proposed plan for closure of an assisted
5 living residence, the department, through the appropriate regional
6 office of the department, shall conduct a hearing to assess the effec-
7 tiveness of the proposed closure plan and the impact of the closure on
8 the residents of the assisted living residence and on the community in
9 which the residence is located.
10 2. (a) Upon receiving written notice from an operator of an assisted
11 living residence that the operator elects to close the residence and to
12 surrender an operating certificate and/or certification as an enhanced
13 or special needs assisted living residence, the appropriate regional
14 office of the department shall conduct the hearing, upon notice to the
15 operator and the municipality or community board, and shall state and
16 file in its office its reasons therefor.
17 (b) The hearing shall be held no later than the thirtieth day after
18 the department received written notice that the operator elects to close
19 the residence and to surrender an operating certificate and/or certif-
20 ication as an enhanced or special needs assisted living residence.
21 (c) The hearing may be rescheduled, adjourned or continued, and the
22 appropriate regional office of the department shall give notice to the
23 operator and the municipality or community board of any such resched-
24 uled, adjourned or continued hearing.
25 (d) Hearings conducted pursuant to the provisions of this subdivision
26 shall be open to the public.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14856-01-4
A. 9427 2
1 3. (a) Issues to be considered at the hearing required by this section
2 shall include, but not be limited to, the sufficiency of the operator's
3 proposed plan for closure and/or decertification and the timetable for
4 the closure or decertification and the procedures and actions the opera-
5 tor will take to:
6 (i) notify residents of the closure, and/or decertification, including
7 provisions for termination of admission agreements and involuntary
8 discharge;
9 (ii) assess the needs and preferences of individual residents; and
10 (iii) assist residents in locating and transferring to appropriate
11 alternative settings.
12 (b) The appropriate regional office of the department shall make
13 public its findings not more than sixty days after the conclusion of the
14 hearing by posting a copy of its finding on the department's website and
15 maintaining at least three paper copies of the findings in the regional
16 office. Such paper copies shall be made available to the public for
17 review upon request.
18 (c) No plan for the closure of an assisted living residence shall be
19 approved until the hearing findings have been made available to the
20 public for at least thirty days. Any plan for the closure of an assisted
21 living residence that is approved after the thirty day period required
22 by this paragraph shall provide at least ninety days notice to the resi-
23 dents of the assisted living residence of the impending closure of the
24 residence.
25 4. (a) In addition to the hearing required by this section, the appro-
26 priate regional office of the department may also conduct a public meet-
27 ing regarding the proposed closure of the assisted living facility,
28 before the department approves a plan for closure of an assisted living
29 residence, upon notice to the operator and the municipality or community
30 board.
31 (b) The public meeting may be rescheduled, adjourned or continued, and
32 the appropriate regional office of the department shall give notice to
33 the operator and the municipality or community board of any such
34 rescheduled, adjourned or continued public meeting.
35 5. As contemplated in this section, notice to the municipality or
36 community board shall mean written notice mailed by the department to
37 such municipality or community board at least fifteen days in advance of
38 any hearing or public meeting scheduled pursuant to the provisions of
39 this section. Upon the request of the department, any municipality or
40 community board may waive the fifteen day notice requirement.
41 § 2. This act shall take effect immediately.
