Bill Text: NY A03050 | 2019-2020 | General Assembly | Amended

Bill Title: Specifies procedures for the closure and/or decertification of assisted living residences; requires written notice and department approval and shall include timetables.

Spectrum: Partisan Bill (Democrat 24-1)

Status: (Introduced) 2019-05-21 - amended on third reading 3050a [A03050 Detail]

Download: New_York-2019-A03050-Amended.html

                STATE OF NEW YORK

                                                                Cal. No. 133

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2019

        Introduced  by  M.  of  A.  SIMON,  ARROYO,  BLAKE, BARRETT, BRAUNSTEIN,
          ASHBY, DAVILA, ORTIZ -- Multi-Sponsored by -- M. of A. GRIFFIN -- read
          once and referred to the Committee on Health -- reported and  referred
          to  the  Committee  on Codes -- 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 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. Title 2 of article 46-B of the public health law is amended
     2  by adding a new section 4653-a to read as follows:
     3    § 4653-a. Closure of assisted living residences.   1.   In  the  event
     4  that  an operator of an assisted living residence elects to close and to
     5  surrender an operating certificate and/or certification as  an  enhanced
     6  or  special  needs  assisted  living residence, the following provisions
     7  shall apply:
     8    (a) The operator shall notify the appropriate regional office  of  the
     9  department  in  writing  prior to the anticipated date of closure of the
    10  assisted living residence and/or the decertification  of  such  assisted
    11  living residence.
    12    (b)  Such  written  notice  shall  include a proposed plan for closure
    13  and/or decertification. The plan shall be subject to the approval of the
    14  commissioner, shall include timetables for all  steps  entailed  in  the
    15  closure process and shall describe the procedures and actions the opera-
    16  tor will take to:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3050--A                          2

     1    (i)  notify  residents  and  the  residents'  representatives  of  the
     2  closure, and/or decertification, including provisions for termination of
     3  admission agreements and involuntary discharge;
     4    (ii) assess the needs and preferences of individual residents;
     5    (iii)  assist  residents in relocating and transferring to appropriate
     6  alternative settings; and
     7    (iv) maintain compliance with approved plan until all  residents  have
     8  relocated.
     9    2.  (a) The operator shall take no action to close the assisted living
    10  residence prior to approval  from  the  commissioner  of  the  plan  for
    11  closure and/or decertification.
    12    (b)  The  operator shall not close the assisted living residence until
    13  all  residents  thereof  have  transferred  to  appropriate  alternative
    14  settings.
    15    (c)  The  operator  shall not increase the amount of any rent, fees or
    16  other surcharges imposed upon the residents of the assisted living resi-
    17  dence, their residents' representatives, and/or  any  applicable  health
    18  insurance  plan,  long  term care plan or other insurance plan providing
    19  payment to the residence on behalf of the resident prior to the approval
    20  of the plan for closure  and/or  decertification  by  the  commissioner,
    21  provided however, that the operator may increase the amount of any rent,
    22  fees or other surcharges imposed upon an individual resident correspond-
    23  ing  with  an increase in the individual's supplemental security income;
    24  the total of such increases for  an  individual  shall  not  exceed  the
    25  amount of the increase in the individual's supplemental security income.
    26    (d)  The  operator  shall not accept new residents or applications for
    27  residency after the  operator  has  notified  the  appropriate  regional
    28  office  of  the  department  that  the  operator intends to close and/or
    29  decertify the assisted living residence.
    30    3. As part of the final approval of the closure plan, the  department,
    31  center for health care quality and surveillance and operator shall agree
    32  upon  a  target closure date, which shall be at least one hundred twenty
    33  days from the actual date that the operator provides  written  notifica-
    34  tion to the residents and the residents' representatives of the closure.
    35  In  providing  notification  of  such  target closure date, the operator
    36  shall also notify residents  and  the  residents'  representatives  that
    37  additional  time  will  be  provided  to  residents  who make good faith
    38  efforts, as determined by the commissioner,  to  secure  an  alternative
    39  setting  and  have demonstrated a reasonable basis for needing more than
    40  one hundred twenty  days  to  transfer  to  an  appropriate  alternative
    41  setting,  so  long  as  it remains safe and appropriate to reside in the
    42  assisted living residence at such time.
    43    4. The operator shall implement  the  approved  plan  to  ensure  that
    44  arrangements  for  continued  care  which  meet  each resident's social,
    45  emotional and health care needs are effectuated prior to closure  and/or
    46  decertification.
    47    5.  Failure  to  notify  the department of intent to cease operations,
    48  failure to submit a plan for closure and/or decertification, failure  to
    49  execute the approved plan for closure and/or decertification and closing
    50  an assisted living residence before all residents have been appropriate-
    51  ly  relocated,  shall  result  in  the  imposition of civil penalties in
    52  accordance with section twelve of this chapter.
    53    6. The commissioner may promulgate such rules and regulations as he or
    54  she deems necessary to implement the provisions of this section.
    55    § 2. This act shall take effect on the first of January next  succeed-
    56  ing the date on which it shall have become a law, and shall apply to all

        A. 3050--A                          3

     1  closures of assisted living residences occurring on or after such effec-
     2  tive date and to all closures of assisted living residences pending such
     3  effective date; provided, however, that effective immediately, the addi-
     4  tion,  amendment  and/or  repeal of any rule or regulation necessary for
     5  the implementation of this act on its effective date are authorized  and
     6  directed to be made and completed on or before such effective date.