S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1910
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, BRONSON, STECK, ROSENTHAL, BENEDETTO,
   HYNDMAN,  LUPARDO,  SAYEGH,  SEAWRIGHT,  COLTON,   STIRPE,   JACOBSON,
   EPSTEIN,  WALKER,  SIMON,  JACKSON, FORREST, CRUZ, R. CARROLL, HUNTER,
   MEEKS, McMAHON, LUNSFORD, CLARK, KELLES,  MITAYNES,  ZINERMAN,  REYES,
   GIBBS,  GLICK, MAMDANI, TAPIA -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the social services law and the mental hygiene  law,  in
   relation to violations of safety conditions in adult care facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (b) of subdivision 4 of  section  460-d  of  the
 social  services  law, as amended by chapter 733 of the laws of 1994, is
 amended to read as follows:
   (b) No operating certificate shall be revoked,  suspended  or  limited
 without  a  hearing  held  in  accordance with procedures established by
 department regulations, which procedures shall require  that  notice  of
 the  time  and place of the hearing, and notice of the charges, shall be
 served in person or by certified mail addressed to the facility at least
 thirty days prior to the date of the hearing. A written  answer  to  the
 charges may be filed with the department not less than ten business days
 prior  to  the date of the hearing. An operating certificate may, never-
 theless, be suspended or limited without a hearing for a period  not  in
 excess  of  sixty  days, upon written notice to the facility following a
 finding by the department that the public  health,  or  an  individual's
 health,  safety  or  welfare, are in imminent danger; PROVIDED, HOWEVER,
 THAT IF THE DEPARTMENT DEMONSTRATES REASONABLE  EFFORTS  TO  COMMENCE  A
 HEARING WITHIN SUCH SIXTY-DAY PERIOD AND TO COMPLETE SUCH HEARING WITHIN
 A  REASONABLE  PERIOD  OF  TIME,  THE  HEARING OFFICER MAY AUTHORIZE THE
 DEPARTMENT TO EXTEND THE PERIOD  OF  SUSPENSION  OR  LIMITATION  FOR  AN
 APPROPRIATE  PERIOD OF TIME, BUT IN NO EVENT BEYOND AN ADDITIONAL THIRTY
 DAYS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05086-01-5
              

 A. 1910                             2
 
   § 2. Subdivision 7 of section 460-d of the  social  services  law,  as
 added  by  chapter  669 of the laws of 1977, paragraph (a) as amended by
 chapter 719 of the laws of 1989, paragraph (b) as amended by chapter 524
 of the laws of 1984, subparagraph 2 of paragraph (b) as amended by chap-
 ter 733 of the laws of 1994, is amended to read as follows:
   7.  (a)  The  department  shall  adopt  regulations establishing civil
 penalties of up to [one] TWO thousand dollars PER VIOLATION,  per  day
 AND  FOR  REPEAT  VIOLATIONS, UNDER SUBPARAGRAPH TWO OF PARAGRAPH (C) OF
 THIS SUBDIVISION FOR WHICH A PRIOR PENALTY WAS ASSESSED, AN AMOUNT UP TO
 FIVE THOUSAND DOLLARS PER VIOLATION, PER DAY to be assessed against  all
 adult  care  facilities [except facilities operated by a social services
 district] for violations of (i) regulations of the department pertaining
 to the care of residents in  such  facilities,  (ii)  paragraph  (a)  of
 subdivision  three of section four hundred sixty-one-a of this [chapter]
 ARTICLE, or (iii) an order issued pursuant to subdivision eight of  this
 section. The regulations shall specify the violations subject to penalty
 and  the  amount  of  the penalty to be assessed in connection with each
 such violation and shall specify that only  civil  penalties  of  up  to
 [one]  TWO  thousand  dollars [per day] per violation, PER DAY, shall be
 assessed pursuant to this paragraph against an adult care facility found
 responsible for an act of retaliation or reprisal against any  resident,
 employee,  or  other  person for having filed a complaint with or having
 provided information to any long term care [patient] ombudsman function-
 ing in accordance with section [five hundred forty-four or five  hundred
 forty-five] TWO HUNDRED EIGHTEEN of the [executive] ELDER law.
   (b)  [(1)] In addition to any other civil or criminal penalty provided
 by law, the department shall have the power to assess civil penalties in
 accordance with its regulations adopted pursuant  to  paragraph  (a)  of
 this  subdivision,  after  a  hearing  conducted  in accordance with the
 procedures established by regulations of the department. Such procedures
 shall require that notice of the time and place of the hearing, together
 with a statement of charges of violations, shall be served in person  or
 by  certified  mail addressed to the facility at least thirty days prior
 to the date of the hearing. The statement of charges of violations shall
 set forth the existence of the violations, the  amount  of  penalty  for
 which  it may become liable and the steps which must be taken to rectify
 the violation and, where applicable, a  statement  that  the  department
 contends  that  a penalty may be imposed under this paragraph regardless
 of rectification. An answer to the charges of  violations,  in  writing,
 shall  be filed with the department, not less than ten days prior to the
 date of hearing. The answer shall notify the department of  the  facili-
 ty's  position with respect to each of the charges and shall include all
 matters which if not disclosed in the answer would be likely to take the
 department by surprise. The commissioner, or  a  member  of  [his]  SUCH
 COMMISSIONER'S  staff  who  is  designated  and authorized by [him] SUCH
 COMMISSIONER to hold such hearing,  may  in  [his]  SUCH  COMMISSIONER'S
 discretion  allow  the  facility to prove any matter not included in the
 answer.
   (C) (1) Where the facility satisfactorily demonstrates that it  either
 had  rectified  the  violations  within thirty days of receiving written
 notification of the results of the inspection pursuant to  section  four
 hundred  sixty-one-a  of this [chapter] ARTICLE, or had submitted within
 thirty days an acceptable plan for rectification and was rectifying  the
 violations  in accordance with the steps and within the additional peri-
 ods of time as accepted by the department in such plan, no penalty shall
 be imposed, except as provided in subparagraph two of this paragraph.
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   (2) Rectification shall not preclude the assessment of  a  penalty  if
 the  department  establishes  at  a hearing that a particular violation,
 although corrected[, endangered or resulted in harm to any  resident  as
 the result of]:
   (i) ENDANGERED ANY RESIDENT. ENDANGERMENT IS DEFINED AS:
   (A)  the total or substantial failure of the facility's fire detection
 or prevention systems, or emergency evacuation procedures prescribed  by
 department safety standard regulations;
   [(ii)] (B) the retention of any resident who has been evaluated by the
 resident's physician as being medically or mentally unsuited for care in
 the  facility  or  as  requiring  placement in a hospital or residential
 health care facility and for whom the operator is not making  persistent
 efforts to secure appropriate placement;
   [(iii)]  (C)  the  failure  in systemic practices and procedures WHICH
 SHALL BE DEFINED AS WIDESPREAD OR CHRONIC, AND  MATERIAL,  NONCOMPLIANCE
 WITH  STATUTORY OR REGULATORY REQUIREMENTS, INCLUDING BUT NOT LIMITED TO
 THE RIGHTS OF RESIDENTS UNDER SECTION FOUR HUNDRED SIXTY-ONE-D  OF  THIS
 ARTICLE;
   [(iv)]  (D) the failure of the operator to take actions as required by
 department regulations in the event of a resident's illness or accident;
   [(v)] (E) the failure of the operator to provide at all  times  super-
 vision of residents by numbers of staff at least equivalent to the night
 staffing requirement set forth in department regulations; or
   [(vi)  unreasonable]  (F)  threats of retaliation or taking reprisals,
 including but not limited  to  [unreasonable]  threats  of  eviction  or
 hospitalization,  against  any  resident,  employee  or other person who
 makes a complaint concerning the operation of an  adult  care  facility,
 participates in the investigation of a complaint or is the subject of an
 action identified in a complaint[.
   The  department  shall specify in its regulations those regulations to
 which this subparagraph two shall apply.
   (3) In assessing penalties pursuant to this paragraph, the  department
 shall  consider  promptness  of  rectification,  delay occasioned by the
 department, and the specific circumstances of the violations as mitigat-
 ing factors.
   (c)]; OR
   (II) RESULTED IN HARM TO ANY RESIDENT, INCLUDING BUT NOT LIMITED TO:
   (A) PHYSICAL HARM;
   (B) LOSS OR DENIAL OF ACCESS TO  MONEY  OR  OTHER  PERSONAL  PROPERTY,
 INCLUDING  BUT NOT LIMITED TO A VIOLATION OF SECTION ONE HUNDRED THIRTY-
 ONE-O OF THIS CHAPTER; OR
   (C) BEING SUBJECTED TO (I) CONDUCT BY AN OPERATOR, ADMINISTRATOR, CASE
 MANAGER, OR OTHER EMPLOYEE IN A SUPERVISORY POSITION THAT  VIOLATES  THE
 RIGHTS  OF  A  RESIDENT  UNDER  SECTION FOUR HUNDRED SIXTY-ONE-D OF THIS
 ARTICLE, OR (II) AN EGREGIOUS FAILURE  BY  AN  OPERATOR,  ADMINISTRATOR,
 CASE  MANAGER, OR OTHER EMPLOYEE IN A SUPERVISORY POSITION TO ENSURE THE
 RIGHTS OF A RESIDENT UNDER SECTION  FOUR  HUNDRED  SIXTY-ONE-D  OF  THIS
 ARTICLE.
   (D)  IN ASSESSING PENALTIES PURSUANT TO THIS PARAGRAPH, THE DEPARTMENT
 SHALL CONSIDER PROMPTNESS OF  RECTIFICATION,  DELAY  OCCASIONED  BY  THE
 DEPARTMENT, AND THE SPECIFIC CIRCUMSTANCES OF THE VIOLATIONS AS MITIGAT-
 ING FACTORS.
   (E)  Upon  the  request  of  the  department, the attorney general may
 commence an action in any court of competent  jurisdiction  against  any
 facility  subject  to  the  provisions  of this section, and against any
 person or corporation operating such facility, for the recovery  of  any
 A. 1910                             4
 
 penalty  assessed by the department in accordance with the provisions of
 this subdivision.
   [(d)]  (F) Any such penalty assessed by the department may be released
 or compromised by the department, SUBJECT TO AND CONSISTENT  WITH  PARA-
 GRAPH  (C)  OF  THIS SUBDIVISION, before the matter has been referred to
 the attorney general, and where such matter has  been  referred  to  the
 attorney  general,  any  such penalty may be released or compromised and
 any action commenced to recover the same may be settled and discontinued
 by the attorney general, AFTER CONSIDERING PARAGRAPH (C) OF THIS  SUBDI-
 VISION AND with the consent of the department.
   §  3.  Paragraphs (a) and (b) of subdivision 9 of section 460-d of the
 social services law, paragraph (a) as amended by chapter 558 of the laws
 of 1999 and paragraph (b) as added by chapter 848 of the laws  of  1992,
 are amended to read as follows:
   (a) The department shall have authority to impose a civil penalty [not
 exceeding  one  thousand dollars per day] CONSISTENT WITH SECTION TWELVE
 OF THE PUBLIC HEALTH LAW against, and to issue an  order  requiring  the
 closing of, after notice and opportunity to be heard, any facility which
 does  not possess a valid operating certificate issued by the department
 and is an adult care facility subject to the provisions of this  article
 and  the  regulations of the department. A hearing shall be conducted in
 accordance with procedures established by department  regulations  which
 procedures  shall  require  that  notice  of  the determination that the
 facility is an adult care facility and the  reasons  for  such  determi-
 nation  and  notice  of  the  time and place of the hearing be served in
 person on the operator, owner or prime lessor, if any, or  by  certified
 mail, return receipt requested, addressed to such person and received at
 least  twenty  days  prior to the date of the hearing. If such operator,
 owner or prime lessor, if any, is not  known  to  the  department,  then
 service  may  be  made  by posting a copy thereof in a conspicuous place
 within the facility or by sending a  copy  thereof  by  certified  mail,
 return receipt requested, addressed to the facility. A written answer to
 the  notice  of violation may be filed with the department not less than
 five days prior to the date of the hearing.  Demonstration by the facil-
 ity that it possessed an operating certificate issued pursuant  to  this
 article,  article  twenty-eight  of  the  public  health  law or article
 sixteen, [twenty-three,] thirty-one or thirty-two of the mental  hygiene
 law  at  the  time the hearing was commenced shall constitute a complete
 defense to any charges made pursuant to this subdivision.
   (b) [The penalty authorized by this section shall begin to run  thirty
 days  after  the  department  provides  the operator, in writing, with a
 summary of the inspection of the facility by which the department deter-
 mined that he or she is operating an uncertified adult  care  facility.]
 The  submission  of  an  application  by  the  operator for an operating
 certificate for the facility shall not act as a bar to the imposition of
 a penalty against the operator OF AN UNLICENSED ADULT CARE FACILITY.
   § 4. Paragraph (c) of subdivision 9 of section  460-d  of  the  social
 services  law  is  amended  by adding a new subparagraph (iv) to read as
 follows:
   (IV) IF THE DEPARTMENT OF HEALTH DETERMINES, BASED ON A  COMPLAINT  OR
 OTHER  FACTS  KNOWN  TO  THE DEPARTMENT, THAT THERE IS REASON TO BELIEVE
 THAT AN INDIVIDUAL OR ENTITY IS OPERATING AN ADULT HOME, ENRICHED  HOUS-
 ING  PROGRAM,  OR  RESIDENCE  FOR  ADULTS WHICH DOES NOT POSSESS A VALID
 OPERATING CERTIFICATE ISSUED BY THE DEPARTMENT, AND  THAT  ONE  OR  MORE
 CONDITIONS  OR  ACTIVITIES  AT SUCH FACILITY CONSTITUTE OR ARE LIKELY TO
 GIVE RISE TO AN IMMEDIATE DANGER TO THE HEALTH  OF  THE  RESIDENTS,  AND
 A. 1910                             5
 
 AWAITING  A COURT ORDER PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH
 WOULD BE SERIOUSLY DETRIMENTAL TO THE  HEALTH  OF  SUCH  RESIDENTS,  THE
 DEPARTMENT  OF HEALTH MAY, NOTWITHSTANDING AN OBJECTION BY THE OPERATOR,
 ADMINISTRATOR  OR  OTHER  PERSON IN CHARGE, INSPECT THE ENTIRE PREMISES,
 WHICH SHALL INCLUDE ACCESS TO ALL DWELLINGS ON THE SAID  PROPERTY  WHICH
 HOUSE TENANTS/OCCUPANTS AS WELL AS ACCESS TO SUCH TENANTS/OCCUPANTS, FOR
 THE  PURPOSE  OF ASCERTAINING WHETHER SUCH DANGER EXISTS OR IS LIKELY TO
 ARISE ON AN IMMEDIATE BASIS. THE DEPARTMENT OF HEALTH  MAY  REQUEST  THE
 ASSISTANCE  OF  LOCAL  LAW ENFORCEMENT FOR PURPOSES OF CARRYING OUT SUCH
 INSPECTION AND MAY TAKE ANY APPROPRIATE ACTION  IF  IT  DETERMINES  THAT
 SUCH  DANGER  EXISTS  OR IS LIKELY TO ARISE, INCLUDING ISSUING A WRITTEN
 NOTICE DIRECTING THE OPERATOR, ADMINISTRATOR OR OTHER PERSON  IN  CHARGE
 OF SUCH FACILITY TO CEASE OR CORRECT THE CONDITION OR ACTIVITY AT ISSUE.
 AS  PROMPTLY  AS  POSSIBLE  THEREAFTER,  WITHIN  A  PERIOD NOT TO EXCEED
 FIFTEEN DAYS, THE COMMISSIONER SHALL PROVIDE THE OPERATOR AN OPPORTUNITY
 TO BE HEARD AND TO PRESENT ANY PROOF THAT  SUCH  CONDITION  OR  ACTIVITY
 DOES  NOT  CONSTITUTE  A  DANGER  TO THE HEALTH OF THE RESIDENTS OF SUCH
 FACILITY. THE ATTORNEY  GENERAL,  UPON  REQUEST  OF  THE  DEPARTMENT  OF
 HEALTH,  SHALL BE AUTHORIZED TO APPLY TO THE SUPREME COURT IN THE COUNTY
 IN WHICH THE FACILITY IS LOCATED FOR AN ORDER FOR ANY APPROPRIATE  ADDI-
 TIONAL RELIEF.
   §  5.  Subdivision  11 of section 460-d of the social services law, as
 amended by section 154 of subpart B of part C of chapter 62 of the  laws
 of 2011, is amended to read as follows:
   11.  On or before issuance by the department to an adult care facility
 operator of official written notice of: the proposed revocation, suspen-
 sion or denial of the operator's operating certificate;  the  limitation
 of  the  operating certificate with respect to new admissions; the issu-
 ance of a department order or commissioner's order; the seeking of equi-
 table relief pursuant to this  section;  the  [proposed]  assessment  of
 civil  penalties  for  violations of the provisions of [subparagraph two
 of] paragraph [(b)] (C) of subdivision seven of this section  or  place-
 ment  on the "do not refer list" pursuant to subdivision fifteen of this
 section, written notice also shall be given to the appropriate office of
 the department of mental hygiene, department of corrections and communi-
 ty supervision and local social services districts, and provided further
 that the department of health shall notify hospitals, RESIDENTIAL HEALTH
 CARE FACILITIES AND ADULT CARE FACILITIES in the locality in which  such
 facility is located that such notice has been issued. Upon resolution of
 such  enforcement action the department shall WITHIN TEN DAYS notify the
 appropriate office of the department of mental  hygiene,  department  of
 corrections  and  community supervision, local social services districts
 [and], hospitals, RESIDENTIAL HEALTH  CARE  FACILITIES  AND  ADULT  CARE
 FACILITIES.
   §  6.  Subdivision  12 of section 460-d of the social services law, as
 amended by section 42 of part B of chapter 58 of the laws  of  2004,  is
 amended to read as follows:
   12. [Social] HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, ADULT CARE
 FACILITIES,  SOCIAL  services districts and other local government enti-
 ties established pursuant to  this  chapter  shall  be  prohibited  from
 making  referrals  for  admissions  to  adult  care facilities that have
 received official written notice  regarding:  the  proposed  revocation,
 suspension  or denial of the operator's operating certificate; the limi-
 tation of the operating certificate with respect to new admissions;  the
 issuance  of  department  order or commissioner's orders; the seeking of
 equitable relief pursuant to this section[; the proposed  assessment  of
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 civil  penalties for violations of the provisions of subparagraph two of
 paragraph (b) of subdivision seven of this section]; or  the  facility's
 placement  on the "do not refer list" pursuant to subdivision fifteen of
 this section.
   §  7.  Section 460-d of the social services law is amended by adding a
 new subdivision 18 to read as follows:
   18. WHEN THE DEPARTMENT OF HEALTH ISSUES OFFICIAL WRITTEN NOTICE TO AN
 OPERATOR OF A PROPOSED ACTION SPECIFIED IN SUBDIVISION  ELEVEN  OF  THIS
 SECTION,  AND  THE DEPARTMENT DETERMINES THAT THERE IS A CONDITION WHICH
 CONSTITUTES AN IMMINENT DANGER TO THE HEALTH, SAFETY OR WELFARE  OF  ANY
 RESIDENT,  THE  DEPARTMENT MAY PROHIBIT THAT OPERATOR FROM ADMITTING ANY
 NEW RESIDENT TO THE FACILITY UNTIL THE DEPARTMENT DETERMINES THAT  THERE
 IS  NO LONGER AN IMMINENT DANGER TO THE HEALTH, SAFETY OR WELFARE OF ANY
 RESIDENT.
   § 8. Section 461-c of the social services law is amended by  adding  a
 new subdivision 10 to read as follows:
   10. THE OPERATOR OF AN ADULT HOME OR AN ENRICHED HOUSING PROGRAM SHALL
 PROVIDE  TO PROSPECTIVE RESIDENTS WHO INQUIRE ABOUT ADMISSION, AND SHALL
 POST   ON   ITS   WEBSITE,   A   COPY   OF   THE   FACILITY'S   APPROVED
 ADMISSION/RESIDENCY AGREEMENT.
   §  9.  The  closing paragraph of subdivision 3 of section 461-d of the
 social services law, as added by chapter 601 of the  laws  of  1981,  is
 amended to read as follows:
   Waiver  of  any  provision [contained within] OF this subdivision by a
 resident of an adult care facility OR BY THE RESIDENT'S LEGAL  REPRESEN-
 TATIVE  OR  RESIDENT  REPRESENTATIVE,  WITH  RESPECT TO A RESIDENT OF AN
 ADULT HOME, RESIDENCE FOR ADULTS OR ENRICHED HOUSING PROGRAM,  shall  be
 void.
   §  10. Section 461-e of the social services law is amended by adding a
 new subdivision 3-a to read as follows:
   3-A. EVERY ADULT HOME AND ENRICHED HOUSING PROGRAM SHALL:
   (A) POST IN A PROMINENT POSITION IN THE FACILITY SO AS TO BE  ACCESSI-
 BLE TO ALL RESIDENTS AND TO THE GENERAL PUBLIC:
   (I)  A SUMMARY OF ANY REPORT OF INSPECTION BASED ON A COMPLAINT ISSUED
 BY THE DEPARTMENT OF HEALTH TO THE FACILITY  WITHIN  THE  PREVIOUS  YEAR
 WHICH RESULTED IN THE PAYMENT OF A FINE OR PENALTY BY THE FACILITY; AND
   (II)  NOTICE OF RESIDENTS' RIGHT TO REVIEW REPORTS UNDER PARAGRAPH (B)
 OF THIS SUBDIVISION.
   (B) PROVIDE TO ANY RESIDENT AND EACH APPLICANT FOR ADMISSION AN OPPOR-
 TUNITY TO REVIEW ANY REPORT OF INSPECTION BASED ON A COMPLAINT ISSUED BY
 THE DEPARTMENT OF HEALTH TO THE FACILITY WITHIN THE PREVIOUS YEAR.
   (C) PROVIDE TO THE  RESIDENT  COUNCIL  A  SUMMARY  OF  ANY  REPORT  OF
 INSPECTION BASED ON A COMPLAINT ISSUED BY THE DEPARTMENT OF HEALTH WITH-
 IN FOURTEEN DAYS  OF RECEIPT BY THE FACILITY.
   §  11. Paragraphs (b) and (c) of subdivision 2 of section 461-a of the
 social services law, paragraph (b) as amended by chapter 601 of the laws
 of 1981 and paragraph (c) as amended by chapter 769 of the laws of 2021,
 are amended to read as follows:
   (b) [The department or a social services district, where  appropriate,
 shall  each  year conduct a minimum of one full inspection of each adult
 care facility. Such inspection] AN INSPECTION OF AN ADULT CARE  FACILITY
 UNDER  THIS SECTION shall include, but shall not be limited to, examina-
 tion of the medical, dietary and social services records of the facility
 as well as the minimum standards of construction, life safety standards,
 quality and adequacy of care, rights  of  residents,  payments  and  all
 other  areas  of  operation.  The  purpose of any inspection shall be to
 A. 1910                             7
 
 determine compliance with requirements of applicable provisions  of  law
 and regulations of the department.
   (c)  (I)  An  inspection report shall be made of each inspection which
 shall clearly identify and indicate in detail each  area  of  operation,
 including, but not limited to, the premises, equipment, personnel, resi-
 dent care and services, and whether [each] ANY such area of operation or
 any  of  its component parts is [or is] not in compliance with the regu-
 lations of the department and all other applicable requirements. It also
 shall identify those areas of operation or any of  its  component  parts
 found not in compliance as a result of failure in systemic practices and
 procedures.  The  operator  shall  be  notified  of  the  results of the
 inspection in a manner to be determined by regulations  of  the  depart-
 ment[.  Such notification shall contain directions as may be appropriate
 as  to  the manner and time in which compliance with applicable require-
 ments of law or regulations of the department  shall  be  effected]  AND
 SHALL SUBMIT A WRITTEN PLAN OF CORRECTION TO THE DEPARTMENT WITHIN THIR-
 TY  CALENDAR  DAYS  FROM THE DATE THE INSPECTION REPORT IS RECEIVED. THE
 DEPARTMENT SHALL NOTIFY THE OPERATOR OF THE ACCEPTABILITY OF THE PLAN OF
 CORRECTION WITHIN THIRTY CALENDAR DAYS OF THE  DEPARTMENT'S  RECEIPT  OF
 SUCH PLAN.
   (II)  The department shall also require the operator of an adult home,
 ENRICHED HOUSING PROGRAM or residence for adults to develop,  [biannual-
 ly] ANNUALLY update and implement plans for quality assurance activities
 for  each  area of operation.   Quality assurance activities include but
 are not limited to, development and maintenance of performance standards
 including infection control, measurement of adherence to such  standards
 and  to  applicable state and local laws and regulations, identification
 of  performance  failures,  design,  and  implementation  of  corrective
 action.  Each  plan must also include the creation of a quality improve-
 ment committee that is charged with meeting periodically, at least  once
 every six months, to review summary findings from monitoring implementa-
 tion  of the facility's plan, evaluating the effectiveness of corrective
 action policies, and  identifying  trends  and  improvement  activities.
 While  reviewing  facility  performance, the committee shall not examine
 personally identifiable resident incidents. Such committee shall include
 the administrator or operator of  the  facility,  the  resident  council
 president  or  other  resident  representative, and representatives from
 frontline employees from each area of operation.
   § 12.  Subparagraphs (I) and (II) of paragraph 2 of subdivision (i) of
 section 29.15 of the mental hygiene law, as amended by  chapter  168  of
 the laws of 2010, are amended to read as follows:
   (I)  A patient about to be discharged or conditionally released from a
 department facility licensed or operated by the office for  people  with
 developmental  disabilities  or  from  an inpatient facility operated or
 licensed by the office of [alcoholism  and  substance  abuse]  ADDICTION
 services  AND  SUPPORTS or the office of mental health to an adult home,
 ENRICHED HOUSING PROGRAM or residence for adults, as defined in  section
 two  of  the social services law, shall be referred only to such home or
 residence that is consistent with that patient's needs and that operates
 pursuant to section four hundred  sixty  of  the  social  services  law,
 provided  further  that: (A) for a department facility licensed or oper-
 ated by the office for people with developmental disabilities or for  an
 inpatient  facility  operated by the office of [alcoholism and substance
 abuse] ADDICTION services AND SUPPORTS or the office of  mental  health,
 the  facility  director retains authority to determine whether the home,
 program or residence is consistent with that  patient's  needs  and  (B)
 A. 1910                             8
 
 such referral shall be made to the patient's home county whenever possi-
 ble or appropriate.
   (II)  No patient about to be discharged or conditionally released from
 a department facility licensed or operated by the office for people with
 developmental disabilities or from an  inpatient  facility  operated  or
 licensed  by  the  office  of [alcoholism and substance abuse] ADDICTION
 services AND SUPPORTS or the office of mental health shall  be  referred
 to  any adult home, ENRICHED HOUSING PROGRAM or residence for adults, as
 defined in section two of the social services law, which has received an
 official written notice from  the  department  of  health  of:  (A)  the
 proposed  revocation, suspension or denial of its operating certificate;
 (B) the limitation of its operating  certificate  with  respect  to  new
 admissions;  (C) the issuance of a department of health order or commis-
 sioner of health's order or the seeking of equitable relief pursuant  to
 section  four  hundred  sixty-d  of  the  social  services  law; (D) the
 proposed assessment of civil penalties for violations of the  provisions
 of  [subparagraph  two  of]  paragraph [(b)] (C) of subdivision seven of
 section four hundred sixty-d of the social services law; or placement on
 the "do not refer list" pursuant to subdivision fifteen of section  four
 hundred  sixty-d  of  the social services law. Referrals may resume when
 such enforcement actions are resolved.
   § 13. The commissioner of health shall develop a plan for posting  all
 the  plans of correction and statements of deficiencies for all forms of
 adult care facilities. Such plan shall include an analysis of the fiscal
 impact and the time required to post such information. Such  plan  shall
 be  sent  to  the chairs of the senate and assembly health committees as
 well as the director of the budget within  one  hundred  days  from  the
 effective date of this act.
   § 14. Severability clause. If any provision of this act, or any appli-
 cation  of  any  provision  of  this  act,  is held to be invalid, or to
 violate or be inconsistent with any  federal  law  or  regulation,  that
 shall not affect the validity or effectiveness of any other provision of
 this  act,  which can be given effect without that provision or applica-
 tion; and to that end, the provisions and applications of this  act  are
 severable.
   §  15.  This act shall take effect on the thirtieth day after it shall
 have become a law.