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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 27-0)

Status: (Engrossed - Dead) 2020-03-02 - REFERRED TO AGING [A03050 Detail]

Download: New_York-2019-A03050-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3050
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by  M.  of  A.  SIMON,  ARROYO,  BLAKE, BARRETT, BRAUNSTEIN,
          COLTON, COOK, DINOWITZ, GOTTFRIED, JAFFEE, JOYNER, M. G. MILLER, OTIS,
          PERRY, STECK, MOSLEY, ABINANTI, L. ROSENTHAL, CARROLL, D'URSO,  BARRON
          -- read once and referred to the Committee on Health
        AN  ACT to amend the public health law, in relation to specifying proce-
          dures for the closure and/or decertification of assisted living  resi-
          dences
          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:
    17    (i)  notify  residents  and  the  residents'  representatives  of  the
    18  closure, and/or decertification, including provisions for termination of
    19  admission agreements and involuntary discharge;
    20    (ii) assess the needs and preferences of individual residents;
    21    (iii) assist residents in relocating and transferring  to  appropriate
    22  alternative settings; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01685-01-9
        A. 3050                             2
     1    (iv)  maintain  compliance with approved plan until all residents have
     2  relocated.
     3    2.  (a) The operator shall take no action to close the assisted living
     4  residence prior to approval  from  the  commissioner  of  the  plan  for
     5  closure and/or decertification.
     6    (b)  The  operator shall not close the assisted living residence until
     7  all  residents  thereof  have  transferred  to  appropriate  alternative
     8  settings.
     9    (c)  The  operator  shall not increase the amount of any rent, fees or
    10  other surcharges imposed upon the residents of the assisted living resi-
    11  dence, their residents' representatives, and/or  any  applicable  health
    12  insurance  plan,  long  term care plan or other insurance plan providing
    13  payment to the residence on behalf of the resident prior to the approval
    14  of the plan for closure and/or decertification by the commissioner.
    15    (d) The operator shall not accept new residents  or  applications  for
    16  residency  after  the  operator  has  notified  the appropriate regional
    17  office of the department that  the  operator  intends  to  close  and/or
    18  decertify the assisted living residence.
    19    3.  As part of the final approval of the closure plan, the department,
    20  center for health care quality and surveillance and operator shall agree
    21  upon a target closure date, which shall be at least one  hundred  twenty
    22  days  from  the actual date that the operator provides written notifica-
    23  tion to the residents and the residents' representatives of the closure.
    24  In providing notification of such  target  closure  date,  the  operator
    25  shall  also  notify  residents  and  the residents' representatives that
    26  additional time will be  provided  to  residents  who  make  good  faith
    27  efforts,  as  determined  by  the commissioner, to secure an alternative
    28  setting and have demonstrated a reasonable basis for needing  more  than
    29  one  hundred  twenty  days  to  transfer  to  an appropriate alternative
    30  setting, so long as it remains safe and appropriate  to  reside  in  the
    31  assisted living residence at such time.
    32    4.  The  operator  shall  implement  the  approved plan to ensure that
    33  arrangements for continued  care  which  meet  each  resident's  social,
    34  emotional  and health care needs are effectuated prior to closure and/or
    35  decertification.
    36    5. Failure to notify the department of  intent  to  cease  operations,
    37  failure  to submit a plan for closure and/or decertification, failure to
    38  execute the approved plan for closure and/or decertification and closing
    39  an assisted living residence before all residents have been appropriate-
    40  ly relocated, shall result in  the  imposition  of  civil  penalties  in
    41  accordance with section twelve of this chapter.
    42    6. The commissioner may promulgate such rules and regulations as he or
    43  she deems necessary to implement the provisions of this section.
    44    §  2. This act shall take effect on the first of January next succeed-
    45  ing the date on which it shall have become a law, and shall apply to all
    46  closures of assisted living residences occurring on or after such effec-
    47  tive date and to all closures of assisted living residences pending such
    48  effective date; provided, however, that effective immediately, the addi-
    49  tion, amendment and/or repeal of any rule or  regulation  necessary  for
    50  the  implementation of this act on its effective date are authorized and
    51  directed to be made and completed on or before such effective date.