S T A T E O F N E W Y O R K
________________________________________________________________________
2230
2023-2024 Regular Sessions
I N S E N A T E
January 19, 2023
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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. Section 4653-a of the public health law, as added by a
chapter of the laws of 2022 amending the public health law relating to
specifying procedures for the closure and/or decertification of assisted
living residences, as proposed in legislative bills numbers S. 3932 and
A. 2211, is amended 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 AND THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN in writ-
ing prior to the anticipated date of closure of the assisted living
residence and/or the decertification of [such] THE assisted living resi-
dence.
(b) [Such] THE 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 operator will take to:
(i) notify residents and the residents' representatives of the
closure, and/or decertification, including provisions for termination of
[admission] RESIDENCY agreements and involuntary discharge;
(ii) assess the needs and preferences of individual residents;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04142-01-3
S. 2230 2
(iii) assist residents in relocating and transferring to appropriate
alternative settings; and
(iv) maintain compliance with approved plan until all residents have
relocated.
(C) THE PLAN OF CLOSURE SHALL BE REVIEWED BY THE COMMISSIONER WITHIN
NINETY DAYS OF SUBMISSION.
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[,
provided however, that the operator may increase the amount of any rent,
fees or other surcharges imposed upon an individual resident correspond-
ing with an increase in the individual's supplemental security income;];
PROVIDED THAT AN OPERATOR SHALL NOT BE PROHIBITED FROM AMENDING A RESI-
DENCY AGREEMENT TO ACCOUNT FOR CHANGES IN SUPPLEMENTAL SECURITY INCOME
HOWEVER, the total of [such increases] THE CHANGES for an individual
shall not exceed the amount of the increase in the individual's supple-
mental security income. THE OPERATOR SHALL PROVIDE EACH RESIDENT, AS
APPLICABLE, WRITTEN NOTICE OF ANY INCREASE NOT LESS THAN FORTY-FIVE DAYS
PRIOR TO THE PROPOSED EFFECTIVE DATE OF THE FEE INCREASE CONSISTENT WITH
THE NOTICE REQUIREMENT IN SECTION FORTY-SIX HUNDRED SIXTY OF THIS ARTI-
CLE.
(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
notification 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] THE 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-
S. 2230 3
ly relocated, shall result in the imposition of civil penalties in
accordance with section twelve of this chapter.
6. The commissioner may [promulgate] MAKE 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 same date and in the same
manner as a chapter of the laws of 2022 amending the public health law
relating to specifying procedures for the closure and/or decertification
of assisted living residences, as proposed in legislative bills numbers
S. 3932 and A. 2211, takes effect.
