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A09428 Summary:

A09428 Actions:

A09428 Floor Votes:

A09428 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9428--C
                                                                Cal. No. 860
 
                   IN ASSEMBLY
 
                                     April 29, 2014
                                       ___________
 
        Introduced  by  M.  of  A.  MILLMAN,  GOTTFRIED, MILLER, JAFFEE, MOSLEY,
          BROOK-KRASNY, SKOUFIS,  ROSENTHAL,  JACOBS,  COOK,  DINOWITZ,  CAMARA,
          SCARBOROUGH,  WRIGHT,  TITONE, BARRETT, OTIS, PERRY, CLARK, BRAUNSTEIN
          -- Multi-Sponsored by -- M. of A. BRENNAN, MARKEY  --  read  once  and

          referred  to  the  Committee  on  Health -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  and referred to the Committee on Codes -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- reported from  committee,  advanced  to  a  third
          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading
 
        AN ACT to amend the public health law, in relation to specifying  proce-
          dures for the closure of privately funded assisted living residences
 
          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. Closure of privately funded assisted living residences.  1.
     4  For purposes of this section, privately  funded  means  a  residence  in
     5  which the residents are not recipients of supplemental security income.
     6    2. In the event that an operator of a privately funded assisted living
     7  residence  elects  to  close the residence and to surrender an operating
     8  certificate  and/or  certification  as  an  enhanced  or  special  needs
     9  assisted living residence, the following provisions shall apply:
    10    (a)  The  operator shall notify the appropriate regional office of the
    11  department in writing prior to the anticipated date of  closure  of  the
    12  assisted  living  residence and, if applicable, the adult care facility,

    13  and/or the decertification of the residence.
    14    (b) Such written notice shall include  a  proposed  plan  for  closure
    15  and/or   decertification.  The  plan  shall  be  subject  to  department
    16  approval, shall include timetables for all steps entailed in the closure
    17  process and shall describe the procedures and actions the operator  will
    18  take to:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14852-09-4
        A. 9428--C                          2
 
     1    (i) notify residents of the closure, and/or decertification, including

     2  provisions  for  termination  of  admission  agreements  and involuntary
     3  discharge;
     4    (ii) assess the needs and preferences of individual residents;
     5    (iii)  assist  residents  in  locating and transferring to appropriate
     6  alternative settings; and
     7    (iv) maintain compliance with these regulations  until  all  residents
     8  have relocated.
     9    3.  (a) The operator shall take no action to close the residence prior
    10  to department approval of the plan for closure and/or decertification.
    11    (b) The operator shall not close the residence until all residents  of
    12  the residence have transferred to appropriate alternative settings.
    13    (c)  The  operator  shall not increase the amount of any rent, fees or

    14  other surcharges charged to the residents of the assisted  living  resi-
    15  dence,  their  families  or  their insurance companies, if any, prior to
    16  department approval of the plan for closure and/or decertification.  The
    17  operator shall not institute any new fees or other surcharges charged to
    18  the  residents of the assisted living residence, their families or their
    19  insurance companies, if any, prior to department approval  of  the  plan
    20  for closure and/or decertification.
    21    (d)  The  operator  shall not accept new residents or applications for
    22  residency after the  operator  has  notified  the  appropriate  regional
    23  office of the department that the operator intends to close or decertify
    24  the assisted living residence.

    25    4.  As  part of the final approval of the closure plan, the department
    26  and operator shall agree upon a target closure date, which shall  be  at
    27  least one hundred twenty days from the actual date the operator notifies
    28  residents  of  the  closure.  In  providing  notification of such target
    29  closure date to residents, the operator shall also notify residents that
    30  additional time will be  provided  to  residents  who  make  good  faith
    31  efforts to secure an alternative setting and have demonstrated a reason-
    32  able  basis for needing more than one hundred twenty days to transfer to
    33  an appropriate alternative setting, so  long  as  it  remains  safe  and
    34  appropriate to reside in the building at such time.

    35    5.  The  operator  shall  implement  the  approved plan to insure that
    36  arrangements for continued  care  which  meet  each  resident's  social,
    37  emotional  and  health  needs  are  effectuated  prior to closure and/or
    38  decertification.
    39    6. Failure to notify the department of  intent  to  cease  operations,
    40  failure  to  submit  an  approvable  plan  to execute the approved plan,
    41  closure or decertification before all residents have been  appropriately
    42  relocated, shall result in the imposition of civil penalties.
    43    §  2.  This  act  shall  take effect on the first of January, 2015 and
    44  shall apply to all closures of privately funded  assisted  living  resi-
    45  dences  occurring on or after such effective date and to all closures of

    46  privately funded assisted living residences pending such effective date.