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S06959 Summary:

BILL NOS06959A
 
SAME ASSAME AS A05998-B
 
SPONSORHINCHEY
 
COSPNSRBROUK
 
MLTSPNSR
 
Add §461-v, Soc Serv L
 
Relates to notice requirement of adult care facility closures.
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S06959 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6959--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     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:
 
     1    Section  1. The social services law is amended by adding a new section
     2  461-v to read as follows:
     3    § 461-v.  Closure of adult care facilities. 1. In the event  that  the
     4  department revokes or suspends or intends to revoke or suspend or other-
     5  wise  limit  the  operating  certificate for an adult care facility, the
     6  following shall apply:
     7    (a) The department shall  provide  copies  of  all  written  materials
     8  pertaining  to  the  action  including,  but not limited to, the hearing
     9  notice and notice of charges served upon the operator of  such  facility
    10  to  the governor, the office of the state comptroller, the office of the
    11  New York state attorney general, the justice center for  the  protection
    12  of  people with special needs, and the members of the state assembly and
    13  the state senate representing the municipality in which the facility  is
    14  located.
    15    (b)  Copies of all written materials shall also be concurrently deliv-
    16  ered to the chief executive officer and the  presiding  officer  of  the
    17  local  legislative body of each county, except a county wholly contained
    18  within a city, town or village in which the facility is located and,  in
    19  a  city  with a population of one million or more, also to the community
    20  board in whose district the facility is located.
    21    (c) During the thirty-day  period  prior  to  the  hearing  date,  the
    22  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
 
     1    (i) a summary of the violations at the adult care facility;
     2    (ii) an explanation of the groups or individuals likely to be impacted
     3  by the closure; and
     4    (iii)  a  summary  of the facility operator's plan to ensure continued
     5  care for all residents to be impacted.
     6    2. Except as provided in paragraph (c)  of  subdivision  one  of  this
     7  section,  the  written  materials  provided  in  subdivision one of this
     8  section shall not be subject to disclosure  under  article  six  of  the
     9  public  officers law. Such written materials shall not include any indi-
    10  vidual identifying information.
    11    3. In the event that an adult care facility surrenders  its  operating
    12  certificate,  the  department  shall  provide  a copy of such facility's
    13  closure plan and a copy of  all  written  materials  in  its  possession
    14  pertaining  to  such closure to all the parties listed in paragraphs (a)
    15  and (b) of subdivision one of this section. Such written materials shall
    16  not be subject to disclosure under article six of  the  public  officers
    17  law and shall not include any identifying information.
    18    §  2. This act shall take effect on the first of April next succeeding
    19  the date on which it shall have become a law  and  shall  apply  to  all
    20  closures  of  adult care facilities occurring on or after such effective
    21  date and to all closures of adult care facilities pending on  and  after
    22  such  effective  date.  Effective  immediately,  the addition, amendment
    23  and/or repeal of any rule or regulation necessary for the implementation
    24  of this act on  its  effective  date  are  authorized  to  be  made  and
    25  completed on or before such effective date.
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