S T A T E O F N E W Y O R K
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9134
I N A S S E M B L Y
March 19, 2014
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Introduced by M. of A. MILLMAN -- read once and referred to the Commit-
tee on Aging
AN ACT to amend the elder law, in relation to creating a temporary state
commission to study and investigate the effects of closures of long
term care facilities on the residents of such facilities and their
families; and providing for the repeal of such provisions upon expira-
tion thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The elder law is amended by adding a new article 3 to read
as follows:
ARTICLE III
LONG TERM CARE FACILITIES
SECTION 300. DEFINITIONS.
301. COMMISSION ON LONG TERM CARE FACILITIES.
S 300. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING.
2. "LONG TERM CARE FACILITIES" SHALL MEAN RESIDENTIAL HEALTH CARE
FACILITIES AS DEFINED IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT
HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND ASSISTED LIVING RESIDENCES, AS
DEFINED IN ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW, OR ANY FACILI-
TIES WHICH HOLD THEMSELVES OUT OR ADVERTISE THEMSELVES AS PROVIDING
ASSISTED LIVING SERVICES AND WHICH ARE REQUIRED TO BE LICENSED OR CERTI-
FIED UNDER THE SOCIAL SERVICES LAW OR THE PUBLIC HEALTH LAW AND ADULT
CARE FACILITIES AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF
THE SOCIAL SERVICES LAW.
3. "STATE OMBUDSMAN" SHALL MEAN THE STATE LONG TERM CARE OMBUDSMAN
APPOINTED BY THE DIRECTOR PURSUANT TO SUBDIVISION THREE OF SECTION TWO
HUNDRED EIGHTEEN OF THIS CHAPTER.
S 301. COMMISSION ON LONG TERM CARE FACILITIES. 1. A TEMPORARY STATE
COMMISSION, TO BE KNOWN AS THE COMMISSION ON LONG TERM CARE FACILITIES
(HEREINAFTER THE "COMMISSION"), IS HEREBY CREATED TO STUDY AND MAKE
RECOMMENDATIONS CONCERNING THE FOLLOWING:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14481-01-4
A. 9134 2
(A) THE EFFECTS OF CLOSURES OF LONG TERM CARE FACILITIES ON THE RESI-
DENTS OF SUCH FACILITIES, INCLUDING THE IMPACT ON THE PHYSICAL AND
MENTAL HEALTH OF THE RESIDENTS AND THE LOSS OF THE RESIDENTIAL COMMUNI-
TY;
(B) THE AVAILABILITY OF LONG TERM CARE FACILITY PLACEMENTS FOR NEW
YORK STATE RESIDENTS SUFFERING FROM DEMENTIA, INCLUDING, BUT NOT LIMITED
TO ALZHEIMER'S DISEASE;
(C) THE AVAILABILITY OF LONG TERM CARE FACILITY PLACEMENTS FOR NEW
YORK STATE RESIDENTS REQUIRING SKILLED NURSING CARE;
(D) THE EFFECTS OF RELOCATING RESIDENTS OF A CLOSING LONG TERM CARE
FACILITY TO ANOTHER FACILITY WITHIN THE SAME GEOGRAPHICAL AREA AS
COMPARED WITH RELOCATING SUCH RESIDENTS TO A LONG TERM CARE FACILITY NOT
WITHIN THE GEOGRAPHICAL AREA;
(E) FEASIBILITY OF ARRANGING COMPARABLE PLACEMENTS, AS OPPOSED TO
APPROPRIATE PLACEMENTS, IN OTHER FACILITIES WITHIN THE SAME GEOGRAPHICAL
AREA WHEN A LONG TERM CARE FACILITY WITH A CAPACITY OF SERVING FIFTY OR
MORE RESIDENTS CLOSES;
(F) THE IMPACT ON FAMILY MEMBERS OF RESIDENTS OF THE CLOSING OF A LONG
TERM CARE FACILITY;
(G) THE SUFFICIENCY OF CURRENT LAWS, RULES AND REGULATIONS GOVERNING
THE RELOCATION OF RESIDENTS OF A CLOSING LONG TERM CARE FACILITY; AND
(H) SUCH OTHER MATTERS AS THE COMMISSION DEEMS APPROPRIATE.
2. THE COMMISSION SHALL MAKE RECOMMENDATIONS FOR ADDITIONAL LEGIS-
LATION AND/OR REGULATIONS TO GOVERN THE CLOSING OF LONG TERM CARE FACIL-
ITIES AND FACILITATE THE RELOCATION OF LONG TERM CARE FACILITY RESIDENTS
IN A MANNER THAT IS IN THE BEST INTERESTS OF THE RESIDENTS IN THE EVENT
OF A CLOSURE OF A LONG TERM CARE FACILITY. THE COMMISSION SHALL FURTHER
STUDY THE NEED, IF ANY, TO DEVISE A NOTIFICATION SYSTEM TO ALERT RESI-
DENTS AND FAMILIES NOT LESS THAN ONE YEAR IN ADVANCE OF THE CLOSURE OR
POTENTIAL CLOSURE OF A LONG TERM CARE FACILITY.
3. (A) THE COMMISSION SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED AS
FOLLOWS: THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AND SHALL
INCLUDE THE DIRECTOR OF THE OFFICE FOR THE AGING, THE STATE OMBUDSMAN
AND ONE ADDITIONAL MEMBER WHO SHALL BE A RESIDENT OF THE STATE WITH
EXPERTISE AND EXPERIENCE IN THE FIELDS OF LONG TERM CARE AND ADVOCACY;
TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; ONE
MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE
MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. ALL
OF THE MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE
MINORITY LEADER OF THE ASSEMBLY SHALL BE RESIDENTS OF THE STATE WITH
EXPERTISE AND EXPERIENCE IN THE FIELDS OF LONG TERM CARE AND ADVOCACY.
NO PERSON SHALL BE A MEMBER OF SUCH COMMISSION WHILE SUCH PERSON IS A
MEMBER OF THE SENATE OR ASSEMBLY. ANY VACANCY ON SUCH COMMISSION SHALL
BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT WAS MADE. A
CHAIRPERSON AND VICE-CHAIRPERSON OF SUCH COMMISSION SHALL BE ELECTED BY
THE MAJORITY OF ITS MEMBERS, ALL MEMBERS BEING PRESENT.
(B) EXCEPT AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, NO
MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION SHALL BE DISQUALIFIED FROM
HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE
FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER APPOINT-
MENT HEREUNDER, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ORDINANCE OR CITY CHARTER.
(C) ALL MEMBERS OF THE COMMISSION SHALL BE APPOINTED WITHIN SIXTY DAYS
OF THE EFFECTIVE DATE OF THIS SECTION. THE FIRST MEETING OF THE COMMIS-
A. 9134 3
SION SHALL TAKE PLACE WITHIN THIRTY DAYS AFTER APPOINTMENT OF ALL
MEMBERS OF THE COMMISSION.
4. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
5. THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS
IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR
COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE BY APPROPRIATION THERE-
FOR, IF ANY, OR BY DONATION, IF ANY. THE COMMISSION MAY MEET AND HOLD
PUBLIC AND/OR PRIVATE HEARINGS WITHIN OR WITHOUT THE STATE, AND SHALL
HAVE ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE LEGISLA-
TIVE LAW.
6. FOR THE ACCOMPLISHMENT OF ITS PURPOSES, THE COMMISSION SHALL BE
AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY STUDIES, INQUIRIES, SURVEYS OR
ANALYSES IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL OR IN COOPER-
ATION WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
7. THE COMMISSION MAY REQUEST AND SHALL RECEIVE FROM ANY AGENCY IN THE
STATE AND FROM ANY SUBDIVISION, DEPARTMENT, BOARD, BUREAU, COMMISSION,
OFFICE, AGENCY OR OTHER INSTRUMENTALITY OF THE STATE OR OF ANY POLITICAL
SUBDIVISION THEREOF SUCH FACILITIES, ASSISTANCE AND DATA AS IT DEEMS
NECESSARY OR DESIRABLE FOR THE PROPER EXECUTION OF ITS POWERS AND DUTIES
AND TO EFFECTUATE THE PURPOSES SET FORTH IN THIS SECTION.
8. THE COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO ENTER INTO ANY
AGREEMENTS AND TO DO AND PERFORM ANY ACTS THAT MAY BE NECESSARY, DESIRA-
BLE OR PROPER TO CARRY OUT THE PURPOSES AND OBJECTIVES OF THIS SECTION.
9. THE COMMISSION SHALL MAKE A REPORT OF ITS FINDINGS AND SHALL SUBMIT
ITS RECOMMENDATIONS, INCLUDING ANY RECOMMENDATIONS FOR LEGISLATIVE
ACTION AS IT MAY DEEM NECESSARY AND APPROPRIATE, TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY
ONE YEAR AFTER THE FIRST MEETING OF THE COMMISSION.
10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO LONG TERM CARE
FACILITY SHALL BE CLOSED OR CONVERTED TO ANY OTHER USE, OR CAUSE
REDUCTIONS IN SUFFICIENT STAFFING LEVELS TO OCCUR, UNTIL ONE YEAR AFTER
THE COMMISSION REPORTS ITS FINDINGS AND PROVIDED RECOMMENDATIONS AS
PROVIDED IN SUBDIVISION NINE OF THIS SECTION.
11. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A NON-PROFIT
LONG TERM CARE FACILITY OPERATED BY A RELIGIOUS GROUP WHICH QUALIFIES AS
A TAX-EXEMPT ENTITY UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
CODE.
S 2. This act shall take effect immediately and shall continue in full
force and effect until one year after the report and recommendations of
the commission on long term care facilities is delivered to the governor
and the legislature when upon such date the provisions of this act shall
be deemed repealed.