STATE OF NEW YORK ________________________________________________________________________ 1051 2017-2018 Regular Sessions IN ASSEMBLY January 10, 2017 ___________ Introduced by M. of A. SIMON, ARROYO, BLAKE, BARRETT, BRAUNSTEIN, COLTON, COOK, DINOWITZ, GOTTFRIED, JAFFEE, JOYNER, M. G. MILLER, OTIS, PERRY, SKOUFIS, STECK, TITONE, MOSLEY, ABINANTI, ROSENTHAL -- Multi- Sponsored by -- M. of A. HIKIND, MAGEE -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to specifying proce- dures for the closure of privately funded assisted living residences The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 46-B of the public health law is amended by adding 2 a new section 4653-a to read as follows: 3 § 4653-a. Closure of privately funded assisted living residences. 1. 4 For purposes of this section, privately funded means a residence in 5 which the residents are not recipients of supplemental security income. 6 2. In the event that an operator of a privately funded assisted living 7 residence elects to close the residence and to surrender an operating 8 certificate and/or certification as an enhanced or special needs 9 assisted living residence, the following provisions shall apply: 10 (a) The operator shall notify the appropriate regional office of the 11 department in writing prior to the anticipated date of closure of the 12 assisted living residence and, if applicable, the adult care facility, 13 and/or the decertification of the residence. 14 (b) Such written notice shall include a proposed plan for closure 15 and/or decertification. The plan shall be subject to department 16 approval, shall include timetables for all steps entailed in the closure 17 process and shall describe the procedures and actions the operator will 18 take to: 19 (i) notify residents of the closure, and/or decertification, including 20 provisions for termination of admission agreements and involuntary 21 discharge; 22 (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. LBD00788-01-7

A. 1051 2 1 (iii) assist residents in locating and transferring to appropriate 2 alternative settings; and 3 (iv) maintain compliance with these regulations until all residents 4 have relocated. 5 3. (a) The operator shall take no action to close the residence prior 6 to department approval of the plan for closure and/or decertification. 7 (b) The operator shall not close the residence until all residents of 8 the residence have transferred to appropriate alternative settings. 9 (c) The operator shall not increase the amount of any rent, fees or 10 other surcharges charged to the residents of the assisted living resi- 11 dence, their families or their insurance companies, if any, prior to 12 department approval of the plan for closure and/or decertification. The 13 operator shall not institute any new fees or other surcharges charged to 14 the residents of the assisted living residence, their families or their 15 insurance companies, if any, prior to department approval of the plan 16 for closure and/or decertification. 17 (d) The operator shall not accept new residents or applications for 18 residency after the operator has notified the appropriate regional 19 office of the department that the operator intends to close or decertify 20 the assisted living residence. 21 4. As part of the final approval of the closure plan, the department 22 and operator shall agree upon a target closure date, which shall be at 23 least one hundred twenty days from the actual date the operator notifies 24 residents of the closure. In providing notification of such target 25 closure date to residents, the operator shall also notify residents that 26 additional time will be provided to residents who make good faith 27 efforts to secure an alternative setting and have demonstrated a reason- 28 able basis for needing more than one hundred twenty days to transfer to 29 an appropriate alternative setting, so long as it remains safe and 30 appropriate to reside in the building at such time. 31 5. The operator shall implement the approved plan to insure that 32 arrangements for continued care which meet each resident's social, 33 emotional and health needs are effectuated prior to closure and/or 34 decertification. 35 6. Failure to notify the department of intent to cease operations, 36 failure to submit an approvable plan to execute the approved plan, 37 closure or decertification before all residents have been appropriately 38 relocated, shall result in the imposition of civil penalties. 39 § 2. This act shall take effect on the first of January next succeed- 40 ing the date on which it shall have become a law, and shall apply to all 41 closures of privately funded assisted living residences occurring on or 42 after such effective date and to all closures of privately funded 43 assisted living residences pending such effective date.