NY State Senate Bill 2023-S718

Senate Bill S718

2023-2024 Legislative Session

Creates a temporary state commission to study and investigate the effects of closures of long term care facilities

download bill text pdf

Current Bill Status - In Senate Committee Aging Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to aging
Jan 06, 2023	referred to aging

2023-S718 (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Elder Law
Laws Affected:: Add Art 4 §§270 & 271, Eld L

2023-S718 (ACTIVE) - Summary

Creates 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.

2023-S718 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S718

SPONSOR: CLEARE
 
TITLE OF BILL:

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 expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to protect residents of long-term care
facilities from being unduly burdened by the closure of the facility
where they reside.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. This section would establish the Commission on Long Term Care
Facilities as follows:

*The Commission's duty would be to study and make recommendations on the

following issues:

The effects of closures of long-term care facilities on the residents of
such facilities;

The effects of long-term care closures on the family members of resi-
dents;

The availability of long-term care facility placements for residents
suffering from dementia or Alzheimer's disease or in need of skilled
nursing care;

Feasibility of arranging comparable placements, as opposed to appropri-
ate placements, in other facilities within the same geographic area; The
sufficiency of current laws, rules, and regulations governing the relo-
cation of residents of a closing long term care facility; and Any other
matters the commission deems

*The Commission would make recommendations for additional legislation or
regulations as needed to govern the closing of long term care facilities
and facilitate the relocation of residents.

*The Commission would consist of eleven members:

-Commissioner of the Department of Health

-Director of the State Office for the Aging o. State Attorney General

-Resident of the state who has expertise and experience in the fields

-long-term care and advocacy

-Two appointments by the Temporary President of the Senate

-Two appointments by the Speaker of the Assembly

-One appointment each by the Minority Leader in each house
*The Commission shall report its findings one year after the first meet-
ing of the Commission.

*The Commission shall be empowered to receive any information it needs
from other state agencies and to administer oaths, subpoena witnesses,
and require any documents necessary to their work.

Section 2. Effective Date - This act shall take effect immediately and
expire one year after the report and recommendations are delivered.

 
JUSTIFICATION:

When long term care facilities close, they place a burden on the resi-
dents and their families to find a comparable placement at another
facility. Seniors who have been living in these facilities for years,
especially those who have Alzheimer's or dementia, can be severely
stressed and negatively affected by such an uprooting of their life
without adequate time to transition. It is vital that these facilities
consider the long-term needs of the vulnerable seniors who reside there-
in and do a better job of planning for closures to minimize the impact
on residents.

 
PRIOR LEGISLATIVE HISTORY:

2014: A.9134 (Millman) - Reported to Ways and Means

2015-16: A.6390 (Simon) - Referred to Aging

2017-18: A.1029 (Simon) - Referred to Aging

2019-20: A1418 (Simon) - Referred to Aging

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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.

2023-S718 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    718
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed 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 4 to read
 as follows:
                                 ARTICLE IV
                         LONG TERM CARE FACILITIES
 SECTION 270. DEFINITIONS.
         271. COMMISSION ON LONG TERM CARE FACILITIES.
   § 270. 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.
   § 271. 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.
                                                            LBD03694-01-3

 S. 718                              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 RESIDENTS
 INCLUDING, BUT NOT LIMITED TO, THE DISRUPTION OF ANY ESTABLISHED  COMMU-
 NITIES  WITHIN  THE  FACILITY  AND THE PHYSICAL AND MENTAL HEALTH IMPLI-
 CATIONS RELATED TO MOVING A RESIDENT TO A NEW FACILITY;
   (B) THE EFFECTS OF CLOSURES OF LONG TERM  CARE  FACILITIES  ON  FAMILY
 MEMBERS  OF  RESIDENTS  INCLUDING,  BUT NOT LIMITED TO, ABILITY TO VISIT
 RESIDENTS BASED ON NEW DISTANCE OF FACILITY; AVAILABILITY OF APPROPRIATE
 PLACEMENT FOR A RESIDENT; AND, ENSURING THE TRANSFER OF LEGAL  DOCUMENTS
 AND SPECIAL CARE INSTRUCTIONS;
   (C)  THE  AVAILABILITY  OF  LONG TERM CARE FACILITY PLACEMENTS FOR NEW
 YORKERS WHO NEED SKILLED NURSING CARE OR WHO HAVE ALZHEIMER'S DISEASE OR
 OTHER DEMENTIA;
   (D) THE FEASIBILITY OF ARRANGING COMPARABLE PLACEMENTS, AS OPPOSED  TO
 APPROPRIATE PLACEMENTS, IN OTHER FACILITIES WITHIN THE SAME GEOGRAPHICAL
 AREA WHEN A LONG TERM CARE FACILITY SERVES FIFTY OR MORE RESIDENTS;
   (E)  THE EFFECTIVENESS OF CURRENT LAWS, RULES, AND REGULATIONS GOVERN-
 ING THE PROCESS OF CLOSING A LONG TERM CARE FACILITY,  INCLUDING  NOTICE
 TO RESIDENTS AND ASSISTANCE TO RELOCATE RESIDENTS; AND
   (F) 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 ELEVEN MEMBERS TO BE  APPOINTED
 AS  FOLLOWS:  FIVE  MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AND SHALL
 INCLUDE THE COMMISSIONER OF HEALTH, THE DIRECTOR OF THE OFFICE  FOR  THE
 AGING,  THE  STATE  ATTORNEY GENERAL, THE STATE OMBUDSMAN, AND ONE ADDI-
 TIONAL 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 EXPERI-
 ENCE 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-
 S. 718                              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.
   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  MAY  ADMINISTER  OATHS  OR AFFIRMATIONS, SUBPOENA
 WITNESSES, COMPEL THEIR ATTENDANCE, EXAMINE THEM UNDER OATH OR  AFFIRMA-
 TION  AND  REQUIRE  THE  PRODUCTION  OF ANY BOOKS, RECORDS, DOCUMENTS OR
 OTHER EVIDENCE IT MAY DEEM RELEVANT OR MATERIAL TO AN INVESTIGATION.
   10. THE COMMISSION SHALL MAKE A REPORT OF ITS FINDINGS AND RECOMMENDA-
 TIONS AND SHALL SUBMIT SUCH REPORT, 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.
   § 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.

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