§ 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
writing prior to the anticipated date of closure of the assisted living
residence and/or the decertification of the assisted living residence.

(b) 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
residency 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

(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
residence, 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 that an operator shall not be prohibited from
amending a residency agreement to account for changes in supplemental
security income however, the total of the changes for an individual
shall not exceed the amount of the increase in the individual's
supplemental 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
article.

(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
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 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
appropriately relocated, shall result in the imposition of civil
penalties in accordance with section twelve of this chapter.

6. The commissioner may make such rules and regulations as he or she
deems necessary to implement this section.