S T A T E   O F   N E W   Y O R K
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                                  6390

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 23, 2015
                               ___________

Introduced  by  M.  of  A.  SIMON, BRENNAN, ARROYO, BLAKE, COLTON, COOK,
  CYMBROWITZ, GALEF, GOTTFRIED, JOYNER, MILLER, ROSENTHAL -- Multi-Spon-
  sored by -- M. of A.   BRAUNSTEIN, CLARK, JAFFEE,  LUPINACCI,  MARKEY,
  PERRY,  SKOUFIS,  SOLAGES,  STIRPE  --  read  once and referred to the
  Committee 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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06109-02-5

A. 6390                             2

(HEREINAFTER THE "COMMISSION"), IS HEREBY  CREATED  TO  STUDY  AND  MAKE
RECOMMENDATIONS CONCERNING THE FOLLOWING:
  (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.

A. 6390                             3

  (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-
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; provided that the office for the aging shall  notify
the  legislative  bill  drafting  commission  upon the occurrence of the
enactment of the legislation provided for in section one of this act  in
order  that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New  York  in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.