§ 4653-A — Closure of assisted living residences

New York § 4653-A

• Jurisdiction: New York
• Law PBH: Public Health
• Title 2: Assisted Living

Text

§ 4653-a. Closure of assisted living residences. 1. In the event that\nan operator of an assisted living residence elects to close and to\nsurrender an operating certificate and/or certification as an enhanced\nor special needs assisted living residence, the following provisions\nshall apply:\n (a) The operator shall notify the appropriate regional office of the\ndepartment and the office of the state long-term care ombudsman in\nwriting prior to the anticipated date of closure of the assisted living\nresidence and/or the decertification of the assisted living residence.\n (b) The written notice shall include a proposed plan for closure\nand/or decertification. The plan shall be subject to the approval of the\ncommissioner, shall include timetables for all steps entailed in the\nclosure process and shall describe the procedures and actions the\noperator will take to:\n (i) notify residents and the residents' representatives of the\nclosure, and/or decertification, including provisions for termination of\nresidency agreements and involuntary discharge;\n (ii) assess the needs and preferences of individual residents;\n (iii) assist residents in relocating and transferring to appropriate\nalternative settings; and\n (iv) maintain compliance with approved plan until all residents have\nrelocated.\n (c) The plan of closure shall be reviewed by the commissioner within\nninety days of submission.\n 2. (a) The operator shall take no action to close the assisted living\nresidence prior to approval from the commissioner of the plan for\nclosure and/or decertification.\n (b) The operator shall not close the assisted living residence until\nall residents thereof have transferred to appropriate alternative\nsettings.\n (c) The operator shall not increase the amount of any rent, fees or\nother surcharges imposed upon the residents of the assisted living\nresidence, their residents' representatives, and/or any applicable\nhealth insurance plan, long term care plan or other insurance plan\nproviding payment to the residence on behalf of the resident prior to\nthe approval of the plan for closure and/or decertification by the\ncommissioner; provided that an operator shall not be prohibited from\namending a residency agreement to account for changes in supplemental\nsecurity income however, the total of the changes for an individual\nshall not exceed the amount of the increase in the individual's\nsupplemental security income. The operator shall provide each resident,\nas applicable, written notice of any increase not less than forty-five\ndays prior to the proposed effective date of the fee increase consistent\nwith the notice requirement in section forty-six hundred sixty of this\narticle.\n (d) The operator shall not accept new residents or applications for\nresidency after the operator has notified the appropriate regional\noffice of the department that the operator intends to close and/or\ndecertify the assisted living residence.\n 3. As part of the final approval of the closure plan, the department\nand operator shall agree upon a target closure date, which shall be at\nleast one hundred twenty days from the actual date that the operator\nprovides written notification to the residents and the residents'\nrepresentatives of the closure. In providing notification of such target\nclosure date, the operator shall also notify residents and the\nresidents' representatives that additional time will be provided to\nresidents who make good faith efforts, as determined by the\ncommissioner, to secure an alternative setting and have demonstrated a\nreasonable basis for needing more than one hundred twenty days to\ntransfer to an appropriate alternative setting, so long as it remains\nsafe and appropriate to reside in the assisted living residence at the\ntime.\n 4. The operator shall implement the approved plan to ensure that\narrangements for continued care which meet each resident's social,\nemotional and health care needs are effectuated prior to closure and/or\ndecertification.\n 5. Failure to notify the department of intent to cease operations,\nfailure to submit a plan for closure and/or decertification, failure to\nexecute the approved plan for closure and/or decertification and closing\nan assisted living residence before all residents have been\nappropriately relocated, shall result in the imposition of civil\npenalties in accordance with section twelve of this chapter.\n 6. The commissioner may make such rules and regulations as he or she\ndeems necessary to implement this section.\n