Senate Bill S8933A

2023-2024 Legislative Session

Relates to notice requirement of adult care facility closures

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

2023-S8933 - Details

Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Add §461-v, Soc Serv L

2023-S8933 - Summary

Relates to notice requirement of adult care facility closures.

2023-S8933 - Sponsor Memo

2023-S8933 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8933
 
                             I N  S E N A T E
 
                               April 1, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in relation to notice of  adult
   care facility closure requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 461-v to read as follows:
   §  461-V.  NOTICE  OF  ADULT  CARE  FACILITY CLOSURE; REQUIREMENTS. 1.
 IMMEDIATELY UPON THE SUBMISSION OF A NOTICE OF SUSPENSION OR  REVOCATION
 OF  AN  OPERATING  CERTIFICATE FROM THE DEPARTMENT TO THE OPERATOR OF AN
 ADULT CARE FACILITY, THE DEPARTMENT SHALL SUBMIT  ELECTRONIC  COPIES  OF
 SUCH  NOTICE  WITH  SUPPORTING  DOCUMENTATION TO THE GOVERNOR, THE STATE
 COMPTROLLER, THE INVESTIGATIONS AND HEALTH CARE BUREAUS OF THE OFFICE OF
 THE NEW YORK STATE ATTORNEY GENERAL, THE MEMBERS OF THE LEGISLATURE THAT
 REPRESENT THE AREA WHERE THE FACILITY IS LOCATED, AND THE  EXECUTIVE  OF
 THE  COUNTY  WHERE  THE  FACILITY  IS LOCATED. SUCH WRITTEN NOTICE SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE NAME OF THE OPERATOR AND THE OPERATOR'S CURRENT ADDRESS;
   (B) IDENTIFICATION OF THE LOCATION OF THE ADULT CARE FACILITY;
   (C) THE DATE ON WHICH THE DEPARTMENT'S  REVOCATION  OR  SUSPENSION  OF
 OPERATING CERTIFICATE SHALL TAKE EFFECT; AND
   (D)  A  BRIEF  DESCRIPTION  OF  THE NATURE OF THE VIOLATIONS THAT HAVE
 NECESSITATED THE REVOCATION OR SUSPENSION OF  THE  FACILITY'S  OPERATING
 CERTIFICATE.
   2.  (A)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH  (B) OF THIS SUBDIVISION,
 SUPPORTING DOCUMENTATION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION
 SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFI-
 CERS LAW.
   (B) DURING THE THIRTY-DAY  PERIOD  PRIOR  TO  THE  CLOSING  DATE,  THE
 DEPARTMENT SHALL POST ON ITS WEBSITE:
   (I) A SUMMARY OF THE VIOLATIONS AT THE ADULT CARE FACILITY;
   (II) AN EXPLANATION OF THE GROUPS OR INDIVIDUALS LIKELY TO BE IMPACTED
 BY THE CLOSURE; AND
   (III)  A  SUMMARY  OF THE FACILITY OPERATOR'S PLAN TO ENSURE CONTINUED
 CARE FOR ALL RESIDENTS TO BE IMPACTED.
   § 2. This act shall take effect immediately.

2023-S8933A (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Add §461-v, Soc Serv L

2023-S8933A (ACTIVE) - Summary

Relates to notice requirement of adult care facility closures.

2023-S8933A (ACTIVE) - Sponsor Memo

2023-S8933A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8933--A
 
                             I N  S E N A T E
 
                               April 1, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the social services law, in relation to notice of adult
   care facility closure requirements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 461-v to read as follows:
   § 461-V.  CLOSURE OF ADULT CARE FACILITIES. 1. IN THE EVENT  THAT  THE
 DEPARTMENT REVOKES OR SUSPENDS OR INTENDS TO REVOKE OR SUSPEND OR OTHER-
 WISE  LIMIT  THE  OPERATING  CERTIFICATE FOR AN ADULT CARE FACILITY, THE
 FOLLOWING SHALL APPLY:
   (A) THE DEPARTMENT SHALL  PROVIDE  COPIES  OF  ALL  WRITTEN  MATERIALS
 PERTAINING  TO  THE  ACTION  INCLUDING,  BUT NOT LIMITED TO, THE HEARING
 NOTICE AND NOTICE OF CHARGES SERVED UPON THE OPERATOR OF  SUCH  FACILITY
 TO  THE GOVERNOR, THE OFFICE OF THE STATE COMPTROLLER, THE OFFICE OF THE
 NEW YORK STATE ATTORNEY GENERAL, AND THE MEMBERS OF THE  STATE  ASSEMBLY
 AND THE STATE SENATE REPRESENTING THE MUNICIPALITY IN WHICH THE FACILITY
 IS LOCATED.
   (B)  COPIES OF ALL WRITTEN MATERIALS SHALL ALSO BE CONCURRENTLY DELIV-
 ERED TO THE CHIEF EXECUTIVE OFFICER AND THE  PRESIDING  OFFICER  OF  THE
 LOCAL  LEGISLATIVE BODY OF EACH COUNTY, EXCEPT A COUNTY WHOLLY CONTAINED
 WITHIN A CITY, TOWN OR VILLAGE IN WHICH THE FACILITY IS LOCATED AND,  IN
 A  CITY  WITH A POPULATION OF ONE MILLION OR MORE, ALSO TO THE COMMUNITY
 BOARD IN WHOSE DISTRICT THE FACILITY IS LOCATED.
   2. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  THE
 WRITTEN  MATERIALS PROVIDED IN SUBDIVISION ONE OF THIS SECTION SHALL NOT
 BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   (B) DURING THE THIRTY-DAY  PERIOD  PRIOR  TO  THE  HEARING  DATE,  THE
 DEPARTMENT SHALL POST ON ITS WEBSITE:
   (I) A SUMMARY OF THE VIOLATIONS AT THE ADULT CARE FACILITY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14928-02-4

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.