S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4451--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Aging  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
 
   Section 1. Title 2 of article 46-B of the public health law is amended
 by adding a new section 4653-a to read as follows:
   § 4653-A. CLOSURE OF ASSISTED LIVING RESIDENCES.   1.   IN  THE  EVENT
 THAT  AN OPERATOR OF AN ASSISTED LIVING RESIDENCE ELECTS TO CLOSE AND TO
 SURRENDER AN OPERATING CERTIFICATE AND/OR CERTIFICATION AS  AN  ENHANCED
 OR  SPECIAL  NEEDS  ASSISTED  LIVING RESIDENCE, THE FOLLOWING PROVISIONS
 SHALL APPLY:
   (A) THE OPERATOR SHALL NOTIFY THE APPROPRIATE REGIONAL OFFICE  OF  THE
 DEPARTMENT  IN  WRITING  PRIOR TO THE ANTICIPATED DATE OF CLOSURE OF THE
 ASSISTED LIVING RESIDENCE AND/OR THE DECERTIFICATION  OF  SUCH  ASSISTED
 LIVING RESIDENCE.
   (B)  SUCH  WRITTEN  NOTICE  SHALL  INCLUDE A PROPOSED PLAN FOR CLOSURE
 AND/OR DECERTIFICATION. THE PLAN SHALL BE SUBJECT TO THE APPROVAL OF THE
 COMMISSIONER, SHALL INCLUDE TIMETABLES FOR ALL  STEPS  ENTAILED  IN  THE
 CLOSURE PROCESS AND SHALL DESCRIBE THE PROCEDURES AND ACTIONS THE OPERA-
 TOR WILL TAKE TO:
   (I)  NOTIFY  RESIDENTS  AND  THE  RESIDENTS'  REPRESENTATIVES  OF  THE
 CLOSURE, AND/OR DECERTIFICATION, INCLUDING PROVISIONS FOR TERMINATION OF
 ADMISSION AGREEMENTS AND INVOLUNTARY DISCHARGE;
   (II) ASSESS THE NEEDS AND PREFERENCES OF INDIVIDUAL RESIDENTS;
   (III) ASSIST RESIDENTS IN RELOCATING AND TRANSFERRING  TO  APPROPRIATE
 ALTERNATIVE SETTINGS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00788-06-7

 S. 4451--A                          2
 
   (IV)  MAINTAIN  COMPLIANCE WITH APPROVED PLAN UNTIL ALL RESIDENTS HAVE
 RELOCATED.
   2.  (A) THE OPERATOR SHALL TAKE NO ACTION TO CLOSE THE ASSISTED LIVING
 RESIDENCE PRIOR TO APPROVAL  FROM  THE  COMMISSIONER  OF  THE  PLAN  FOR
 CLOSURE AND/OR DECERTIFICATION.
   (B)  THE  OPERATOR SHALL NOT CLOSE THE ASSISTED LIVING RESIDENCE UNTIL
 ALL  RESIDENTS  THEREOF  HAVE  TRANSFERRED  TO  APPROPRIATE  ALTERNATIVE
 SETTINGS.
   (C)  THE  OPERATOR  SHALL NOT INCREASE THE AMOUNT OF ANY RENT, FEES OR
 OTHER SURCHARGES IMPOSED UPON THE RESIDENTS OF THE ASSISTED LIVING RESI-
 DENCE, THEIR RESIDENTS' REPRESENTATIVES, AND/OR  ANY  APPLICABLE  HEALTH
 INSURANCE  PLAN,  LONG  TERM CARE PLAN OR OTHER INSURANCE PLAN PROVIDING
 PAYMENT TO THE RESIDENCE ON BEHALF OF THE RESIDENT PRIOR TO THE APPROVAL
 OF THE PLAN FOR CLOSURE AND/OR DECERTIFICATION BY THE COMMISSIONER.
   (D) THE OPERATOR SHALL NOT ACCEPT NEW RESIDENTS  OR  APPLICATIONS  FOR
 RESIDENCY  AFTER  THE  OPERATOR  HAS  NOTIFIED  THE APPROPRIATE REGIONAL
 OFFICE OF THE DEPARTMENT THAT  THE  OPERATOR  INTENDS  TO  CLOSE  AND/OR
 DECERTIFY THE ASSISTED LIVING RESIDENCE.
   3.  AS PART OF THE FINAL APPROVAL OF THE CLOSURE PLAN, THE DEPARTMENT,
 CENTER FOR HEALTH CARE QUALITY AND SURVEILLANCE AND OPERATOR SHALL AGREE
 UPON A TARGET CLOSURE DATE, WHICH SHALL BE AT LEAST ONE  HUNDRED  TWENTY
 DAYS  FROM  THE ACTUAL DATE THAT THE OPERATOR PROVIDES WRITTEN NOTIFICA-
 TION TO THE RESIDENTS AND THE RESIDENTS' REPRESENTATIVES OF THE CLOSURE.
 IN PROVIDING NOTIFICATION OF SUCH  TARGET  CLOSURE  DATE,  THE  OPERATOR
 SHALL  ALSO  NOTIFY  RESIDENTS  AND  THE RESIDENTS' REPRESENTATIVES THAT
 ADDITIONAL TIME WILL BE  PROVIDED  TO  RESIDENTS  WHO  MAKE  GOOD  FAITH
 EFFORTS,  AS  DETERMINED  BY  THE COMMISSIONER, TO SECURE AN ALTERNATIVE
 SETTING AND HAVE DEMONSTRATED A REASONABLE BASIS FOR NEEDING  MORE  THAN
 ONE  HUNDRED  TWENTY  DAYS  TO  TRANSFER  TO  AN APPROPRIATE ALTERNATIVE
 SETTING, SO LONG AS IT REMAINS SAFE AND APPROPRIATE  TO  RESIDE  IN  THE
 ASSISTED LIVING RESIDENCE AT SUCH TIME.
   4.  THE  OPERATOR  SHALL  IMPLEMENT  THE  APPROVED PLAN TO ENSURE THAT
 ARRANGEMENTS FOR CONTINUED  CARE  WHICH  MEET  EACH  RESIDENT'S  SOCIAL,
 EMOTIONAL  AND HEALTH CARE NEEDS ARE EFFECTUATED PRIOR TO CLOSURE AND/OR
 DECERTIFICATION.
   5. FAILURE TO NOTIFY THE DEPARTMENT OF  INTENT  TO  CEASE  OPERATIONS,
 FAILURE  TO SUBMIT A PLAN FOR CLOSURE AND/OR DECERTIFICATION, FAILURE TO
 EXECUTE THE APPROVED PLAN FOR CLOSURE AND/OR DECERTIFICATION AND CLOSING
 AN ASSISTED LIVING RESIDENCE BEFORE ALL RESIDENTS HAVE BEEN APPROPRIATE-
 LY RELOCATED, SHALL RESULT IN  THE  IMPOSITION  OF  CIVIL  PENALTIES  IN
 ACCORDANCE WITH SECTION TWELVE OF THIS CHAPTER.
   6. THE COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS AS HE OR
 SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law, and shall apply to all
 closures of assisted living residences occurring on or after such effec-
 tive date and to all closures of assisted living residences pending such
 effective date; provided, however, that effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the  implementation of this act on its effective date are authorized and
 directed to be made and completed on or before such effective date.