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S02230 Summary:

Amd §4653-a, Pub Health L (as proposed in S.3932 & A.2211)
Specifies procedures for the closure and/or decertification of assisted living residences; requires certain review and disclosures to be completed within a certain time frame.
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S02230 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 19, 2023
        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the public health law, in relation to specifying  proce-
          dures  for the closure and/or decertification of assisted living resi-

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  4653-a  of  the public health law, as added by a
     2  chapter of the laws of 2022 amending the public health law  relating  to
     3  specifying procedures for the closure and/or decertification of assisted
     4  living  residences, as proposed in legislative bills numbers S. 3932 and
     5  A.  2211, is amended to read as follows:
     6    § 4653-a. Closure of assisted living residences.   1.   In  the  event
     7  that  an operator of an assisted living residence elects to close and to
     8  surrender an operating certificate and/or certification as  an  enhanced
     9  or  special  needs  assisted  living residence, the following provisions
    10  shall apply:
    11    (a) The operator shall notify the appropriate regional office  of  the
    12  department and the office of the state long-term care ombudsman in writ-
    13  ing  prior  to  the  anticipated  date of closure of the assisted living
    14  residence and/or the decertification of [such] the assisted living resi-
    15  dence.
    16    (b) [Such] The written  notice  shall  include  a  proposed  plan  for
    17  closure  and/or  decertification.  The  plan  shall  be  subject  to the
    18  approval of the commissioner, shall include  timetables  for  all  steps
    19  entailed  in  the  closure process and shall describe the procedures and
    20  actions the operator will take to:
    21    (i)  notify  residents  and  the  residents'  representatives  of  the
    22  closure, and/or decertification, including provisions for termination of
    23  [admission] residency agreements and involuntary discharge;
    24    (ii) assess the needs and preferences of individual residents;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2230                             2
     1    (iii)  assist  residents in relocating and transferring to appropriate
     2  alternative settings; and
     3    (iv)  maintain  compliance with approved plan until all residents have
     4  relocated.
     5    (c) The plan of closure shall be reviewed by the  commissioner  within
     6  ninety days of submission.
     7    2.  (a) The operator shall take no action to close the assisted living
     8  residence prior to approval  from  the  commissioner  of  the  plan  for
     9  closure and/or decertification.
    10    (b)  The  operator shall not close the assisted living residence until
    11  all  residents  thereof  have  transferred  to  appropriate  alternative
    12  settings.
    13    (c)  The  operator  shall not increase the amount of any rent, fees or
    14  other surcharges imposed upon the residents of the assisted living resi-
    15  dence, their residents' representatives, and/or  any  applicable  health
    16  insurance  plan,  long  term care plan or other insurance plan providing
    17  payment to the residence on behalf of the resident prior to the approval
    18  of the plan for closure and/or  decertification  by  the  commissioner[,
    19  provided however, that the operator may increase the amount of any rent,
    20  fees or other surcharges imposed upon an individual resident correspond-
    21  ing with an increase in the individual's supplemental security income;];
    22  provided  that an operator shall not be prohibited from amending a resi-
    23  dency agreement to account for changes in supplemental  security  income
    24  however,  the  total  of  [such increases] the changes for an individual
    25  shall not exceed the amount of the increase in the individual's  supple-
    26  mental  security  income.  The  operator shall provide each resident, as
    27  applicable, written notice of any increase not less than forty-five days
    28  prior to the proposed effective date of the fee increase consistent with
    29  the notice requirement in section forty-six hundred sixty of this  arti-
    30  cle.
    31    (d)  The  operator  shall not accept new residents or applications for
    32  residency after the  operator  has  notified  the  appropriate  regional
    33  office  of  the  department  that  the  operator intends to close and/or
    34  decertify the assisted living residence.
    35    3. As part of the final approval of the closure plan, the department[,
    36  center for health care quality  and  surveillance]  and  operator  shall
    37  agree  upon  a  target closure date, which shall be at least one hundred
    38  twenty days from the actual date  that  the  operator  provides  written
    39  notification  to the residents and the residents' representatives of the
    40  closure.  In providing notification of such  target  closure  date,  the
    41  operator  shall also notify residents and the residents' representatives
    42  that additional time will be provided to residents who make  good  faith
    43  efforts,  as  determined  by  the commissioner, to secure an alternative
    44  setting and have demonstrated a reasonable basis for needing  more  than
    45  one  hundred  twenty  days  to  transfer  to  an appropriate alternative
    46  setting, so long as it remains safe and appropriate  to  reside  in  the
    47  assisted living residence at [such] the time.
    48    4.  The  operator  shall  implement  the  approved plan to ensure that
    49  arrangements for continued  care  which  meet  each  resident's  social,
    50  emotional  and health care needs are effectuated prior to closure and/or
    51  decertification.
    52    5. Failure to notify the department of  intent  to  cease  operations,
    53  failure  to submit a plan for closure and/or decertification, failure to
    54  execute the approved plan for closure and/or decertification and closing
    55  an assisted living residence before all residents have been appropriate-

        S. 2230                             3

     1  ly relocated, shall result in  the  imposition  of  civil  penalties  in
     2  accordance with section twelve of this chapter.
     3    6.  The  commissioner may [promulgate] make such rules and regulations
     4  as he or she deems necessary  to  implement  [the  provisions  of]  this
     5  section.
     6    §  2.    This  act  shall take effect on the same date and in the same
     7  manner as a chapter of the laws of 2022 amending the public  health  law
     8  relating to specifying procedures for the closure and/or decertification
     9  of  assisted living residences, as proposed in legislative bills numbers
    10  S. 3932 and A. 2211, takes effect.
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