STATE OF NEW YORK
________________________________________________________________________
6512
2025-2026 Regular Sessions
IN SENATE
March 17, 2025
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
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 4 to read
2 as follows:
3 ARTICLE IV
4 LONG TERM CARE FACILITIES
5 Section 270. Definitions.
6 271. Commission on long term care facilities.
7 § 270. 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
16 care facilities as defined in subdivision twenty-one of section two of
17 the social services law.
18 3. "State ombudsperson" shall mean the state long term care ombudsper-
19 son appointed by the director pursuant to subdivision three of section
20 two hundred eighteen of this chapter.
21 § 271. Commission on long term care facilities. 1. A temporary state
22 commission, to be known as the commission on long term care facilities
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10965-01-5
S. 6512 2
1 (hereinafter the "commission"), is hereby created to study and make
2 recommendations concerning the following:
3 (a) the effects of closures of long term care facilities on residents
4 including, but not limited to, the disruption of any established commu-
5 nities within the facility and the physical and mental health impli-
6 cations related to moving a resident to a new facility;
7 (b) the effects of closures of long term care facilities on family
8 members of residents including, but not limited to, ability to visit
9 residents based on new distance of facility; availability of appropriate
10 placement for a resident; and, ensuring the transfer of legal documents
11 and special care instructions;
12 (c) the availability of long term care facility placements for New
13 Yorkers who need skilled nursing care or who have Alzheimer's disease or
14 other dementia;
15 (d) the feasibility of arranging comparable placements, as opposed to
16 appropriate placements, in other facilities within the same geographical
17 area when a long term care facility serves fifty or more residents;
18 (e) the effectiveness of current laws, rules, and regulations govern-
19 ing the process of closing a long term care facility, including notice
20 to residents and assistance to relocate residents; and
21 (f) such other matters as the commission deems appropriate.
22 2. The commission shall make recommendations for additional legis-
23 lation and/or regulations to govern the closing of long term care facil-
24 ities and facilitate the relocation of long term care facility residents
25 in a manner that is in the best interests of the residents in the event
26 of a closure of a long term care facility. The commission shall further
27 study the need, if any, to devise a notification system to alert resi-
28 dents and families not less than one year in advance of the closure or
29 potential closure of a long term care facility.
30 3. (a) The commission shall consist of eleven members to be appointed
31 as follows: five members shall be appointed by the governor and shall
32 include the commissioner of health, the director of the office for the
33 aging, the state attorney general, the state ombudsperson, and one addi-
34 tional member who shall be a resident of the state with expertise and
35 experience in the fields of long term care and advocacy; two members
36 shall be appointed by the temporary president of the senate; two members
37 shall be appointed by the speaker of the assembly; one member shall be
38 appointed by the minority leader of the senate; and one member shall be
39 appointed by the minority leader of the assembly. All of the members
40 appointed by 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 shall be residents of the state with expertise and experi-
43 ence in the fields of long term care and advocacy. No person shall be a
44 member of such commission while such person is a member of the senate or
45 assembly. Any vacancy on such commission shall be filled in the same
46 manner as the original appointment was made. A chairperson and vice-
47 chairperson of such commission shall be elected by the majority of its
48 members, all members being present.
49 (b) Except as provided in paragraph (a) of this subdivision, no
50 member, officer or employee of the commission shall be disqualified from
51 holding any other public office or employment, nor shall they forfeit
52 any such office or employment by reason of their appointment hereunder,
53 notwithstanding the provisions of any general, special or local law,
54 ordinance or city charter.
55 (c) All members of the commission shall be appointed within sixty days
56 of the effective date of this section. The first meeting of the commis-
S. 6512 3
1 sion shall take place within thirty days after appointment of all
2 members of the commission.
3 4. The members of the commission shall receive no compensation for
4 their services.
5 5. The commission may employ and at pleasure remove such personnel as
6 it may deem necessary for the performance of its functions and fix their
7 compensation within the amounts made available by appropriation there-
8 for, if any, or by donation, if any. The commission may meet and hold
9 public and/or private hearings within or without the state, and shall
10 have all the powers of a legislative committee pursuant to the legisla-
11 tive law.
12 6. For the accomplishment of its purposes, the commission shall be
13 authorized and empowered to undertake any studies, inquiries, surveys or
14 analyses it may deem relevant through its own personnel or in cooper-
15 ation with or by agreement with any other public or private agency.
16 7. The commission may request and shall receive from any agency in the
17 state and from any subdivision, department, board, bureau, commission,
18 office, agency or other instrumentality of the state or of any political
19 subdivision thereof such facilities, assistance and data as it deems
20 necessary or desirable for the proper execution of its powers and duties
21 and to effectuate the purposes set forth in this section.
22 8. The commission is hereby authorized and empowered to enter into any
23 agreements and to do and perform any acts that may be necessary, desira-
24 ble or proper to carry out the purposes and objectives of this section.
25 9. The commission may administer oaths or affirmations, subpoena
26 witnesses, compel their attendance, examine them under oath or affirma-
27 tion and require the production of any books, records, documents or
28 other evidence it may deem relevant or material to an investigation.
29 10. The commission shall make a report of its findings and recommenda-
30 tions and shall submit such report, including any recommendations for
31 legislative action as it may deem necessary and appropriate, to the
32 governor, the temporary president of the senate, the speaker of the
33 assembly, the minority leader of the senate and the minority leader of
34 the assembly one year after the first meeting of the commission.
35 § 2. This act shall take effect immediately and shall continue in full
36 force and effect until one year after the report and recommendations of
37 the commission on long term care facilities is delivered to the governor
38 and the legislature when upon such date the provisions of this act shall
39 be deemed repealed; provided that the office for the aging shall notify
40 the legislative bill drafting commission upon the occurrence of the
41 enactment of the legislation provided for in section one of this act in
42 order that the commission may maintain an accurate and timely effective
43 data base of the official text of the laws of the state of New York in
44 furtherance of effectuating the provisions of section 44 of the legisla-
45 tive law and section 70-b of the public officers law.
