S T A T E O F N E W Y O R K
________________________________________________________________________
5319
2015-2016 Regular Sessions
I N A S S E M B L Y
February 18, 2015
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Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Aging
AN ACT to amend the elder law, in relation to creating a temporary state
commission to study and investigate the effects of closures of long
term care facilities on the residents of such facilities and their
families; and providing for the repeal of such provisions upon expira-
tion thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The elder law is amended by adding a new article 3 to read
2 as follows:
3 ARTICLE III
4 LONG TERM CARE FACILITIES
5 SECTION 300. DEFINITIONS.
6 301. COMMISSION ON LONG TERM CARE FACILITIES.
7 S 300. DEFINITIONS. AS USED IN THIS ARTICLE:
8 1. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING.
9 2. "LONG TERM CARE FACILITIES" SHALL MEAN RESIDENTIAL HEALTH CARE
10 FACILITIES AS DEFINED IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT
11 HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND ASSISTED LIVING RESIDENCES, AS
12 DEFINED IN ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW, OR ANY FACILI-
13 TIES WHICH HOLD THEMSELVES OUT OR ADVERTISE THEMSELVES AS PROVIDING
14 ASSISTED LIVING SERVICES AND WHICH ARE REQUIRED TO BE LICENSED OR CERTI-
15 FIED UNDER THE SOCIAL SERVICES LAW OR THE PUBLIC HEALTH LAW AND ADULT
16 CARE FACILITIES AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF
17 THE SOCIAL SERVICES LAW.
18 3. "STATE OMBUDSMAN" SHALL MEAN THE STATE LONG TERM CARE OMBUDSMAN
19 APPOINTED BY THE DIRECTOR PURSUANT TO SUBDIVISION THREE OF SECTION TWO
20 HUNDRED EIGHTEEN OF THIS CHAPTER.
21 S 301. COMMISSION ON LONG TERM CARE FACILITIES. 1. A TEMPORARY STATE
22 COMMISSION, TO BE KNOWN AS THE COMMISSION ON LONG TERM CARE FACILITIES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06109-02-5
A. 5319 2
1 (HEREINAFTER THE "COMMISSION"), IS HEREBY CREATED TO STUDY AND MAKE
2 RECOMMENDATIONS CONCERNING THE FOLLOWING:
3 (A) THE EFFECTS OF CLOSURES OF LONG TERM CARE FACILITIES ON THE RESI-
4 DENTS OF SUCH FACILITIES, INCLUDING THE IMPACT ON THE PHYSICAL AND
5 MENTAL HEALTH OF THE RESIDENTS AND THE LOSS OF THE RESIDENTIAL COMMUNI-
6 TY;
7 (B) THE AVAILABILITY OF LONG TERM CARE FACILITY PLACEMENTS FOR NEW
8 YORK STATE RESIDENTS SUFFERING FROM DEMENTIA, INCLUDING, BUT NOT LIMITED
9 TO ALZHEIMER'S DISEASE;
10 (C) THE AVAILABILITY OF LONG TERM CARE FACILITY PLACEMENTS FOR NEW
11 YORK STATE RESIDENTS REQUIRING SKILLED NURSING CARE;
12 (D) THE EFFECTS OF RELOCATING RESIDENTS OF A CLOSING LONG TERM CARE
13 FACILITY TO ANOTHER FACILITY WITHIN THE SAME GEOGRAPHICAL AREA AS
14 COMPARED WITH RELOCATING SUCH RESIDENTS TO A LONG TERM CARE FACILITY NOT
15 WITHIN THE GEOGRAPHICAL AREA;
16 (E) FEASIBILITY OF ARRANGING COMPARABLE PLACEMENTS, AS OPPOSED TO
17 APPROPRIATE PLACEMENTS, IN OTHER FACILITIES WITHIN THE SAME GEOGRAPHICAL
18 AREA WHEN A LONG TERM CARE FACILITY WITH A CAPACITY OF SERVING FIFTY OR
19 MORE RESIDENTS CLOSES;
20 (F) THE IMPACT ON FAMILY MEMBERS OF RESIDENTS OF THE CLOSING OF A LONG
21 TERM CARE FACILITY;
22 (G) THE SUFFICIENCY OF CURRENT LAWS, RULES AND REGULATIONS GOVERNING
23 THE RELOCATION OF RESIDENTS OF A CLOSING LONG TERM CARE FACILITY; AND
24 (H) SUCH OTHER MATTERS AS THE COMMISSION DEEMS APPROPRIATE.
25 2. THE COMMISSION SHALL MAKE RECOMMENDATIONS FOR ADDITIONAL LEGIS-
26 LATION AND/OR REGULATIONS TO GOVERN THE CLOSING OF LONG TERM CARE FACIL-
27 ITIES AND FACILITATE THE RELOCATION OF LONG TERM CARE FACILITY RESIDENTS
28 IN A MANNER THAT IS IN THE BEST INTERESTS OF THE RESIDENTS IN THE EVENT
29 OF A CLOSURE OF A LONG TERM CARE FACILITY. THE COMMISSION SHALL FURTHER
30 STUDY THE NEED, IF ANY, TO DEVISE A NOTIFICATION SYSTEM TO ALERT RESI-
31 DENTS AND FAMILIES NOT LESS THAN ONE YEAR IN ADVANCE OF THE CLOSURE OR
32 POTENTIAL CLOSURE OF A LONG TERM CARE FACILITY.
33 3. (A) THE COMMISSION SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED AS
34 FOLLOWS: THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AND SHALL
35 INCLUDE THE DIRECTOR OF THE OFFICE FOR THE AGING, THE STATE OMBUDSMAN
36 AND ONE ADDITIONAL MEMBER WHO SHALL BE A RESIDENT OF THE STATE WITH
37 EXPERTISE AND EXPERIENCE IN THE FIELDS OF LONG TERM CARE AND ADVOCACY;
38 TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
39 TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; ONE
40 MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE
41 MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. ALL
42 OF THE MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THE
43 SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE
44 MINORITY LEADER OF THE ASSEMBLY SHALL BE RESIDENTS OF THE STATE WITH
45 EXPERTISE AND EXPERIENCE IN THE FIELDS OF LONG TERM CARE AND ADVOCACY.
46 NO PERSON SHALL BE A MEMBER OF SUCH COMMISSION WHILE SUCH PERSON IS A
47 MEMBER OF THE SENATE OR ASSEMBLY. ANY VACANCY ON SUCH COMMISSION SHALL
48 BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT WAS MADE. A
49 CHAIRPERSON AND VICE-CHAIRPERSON OF SUCH COMMISSION SHALL BE ELECTED BY
50 THE MAJORITY OF ITS MEMBERS, ALL MEMBERS BEING PRESENT.
51 (B) EXCEPT AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, NO
52 MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION SHALL BE DISQUALIFIED FROM
53 HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE
54 FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER APPOINT-
55 MENT HEREUNDER, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL
56 OR LOCAL LAW, ORDINANCE OR CITY CHARTER.
A. 5319 3
1 (C) ALL MEMBERS OF THE COMMISSION SHALL BE APPOINTED WITHIN SIXTY DAYS
2 OF THE EFFECTIVE DATE OF THIS SECTION. THE FIRST MEETING OF THE COMMIS-
3 SION SHALL TAKE PLACE WITHIN THIRTY DAYS AFTER APPOINTMENT OF ALL
4 MEMBERS OF THE COMMISSION.
5 4. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
6 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
7 INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
8 5. THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS
9 IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR
10 COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE BY APPROPRIATION THERE-
11 FOR, IF ANY, OR BY DONATION, IF ANY. THE COMMISSION MAY MEET AND HOLD
12 PUBLIC AND/OR PRIVATE HEARINGS WITHIN OR WITHOUT THE STATE, AND SHALL
13 HAVE ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE LEGISLA-
14 TIVE LAW.
15 6. FOR THE ACCOMPLISHMENT OF ITS PURPOSES, THE COMMISSION SHALL BE
16 AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY STUDIES, INQUIRIES, SURVEYS OR
17 ANALYSES IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL OR IN COOPER-
18 ATION WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
19 7. THE COMMISSION MAY REQUEST AND SHALL RECEIVE FROM ANY AGENCY IN THE
20 STATE AND FROM ANY SUBDIVISION, DEPARTMENT, BOARD, BUREAU, COMMISSION,
21 OFFICE, AGENCY OR OTHER INSTRUMENTALITY OF THE STATE OR OF ANY POLITICAL
22 SUBDIVISION THEREOF SUCH FACILITIES, ASSISTANCE AND DATA AS IT DEEMS
23 NECESSARY OR DESIRABLE FOR THE PROPER EXECUTION OF ITS POWERS AND DUTIES
24 AND TO EFFECTUATE THE PURPOSES SET FORTH IN THIS SECTION.
25 8. THE COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO ENTER INTO ANY
26 AGREEMENTS AND TO DO AND PERFORM ANY ACTS THAT MAY BE NECESSARY, DESIRA-
27 BLE OR PROPER TO CARRY OUT THE PURPOSES AND OBJECTIVES OF THIS SECTION.
28 9. THE COMMISSION SHALL MAKE A REPORT OF ITS FINDINGS AND SHALL SUBMIT
29 ITS RECOMMENDATIONS, INCLUDING ANY RECOMMENDATIONS FOR LEGISLATIVE
30 ACTION AS IT MAY DEEM NECESSARY AND APPROPRIATE, TO THE GOVERNOR, THE
31 TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
32 MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY
33 ONE YEAR AFTER THE FIRST MEETING OF THE COMMISSION.
34 10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO LONG TERM CARE
35 FACILITY SHALL BE CLOSED OR CONVERTED TO ANY OTHER USE, OR CAUSE
36 REDUCTIONS IN SUFFICIENT STAFFING LEVELS TO OCCUR, UNTIL ONE YEAR AFTER
37 THE COMMISSION REPORTS ITS FINDINGS AND PROVIDED RECOMMENDATIONS AS
38 PROVIDED IN SUBDIVISION NINE OF THIS SECTION.
39 11. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A NON-PROFIT
40 LONG TERM CARE FACILITY OPERATED BY A RELIGIOUS GROUP WHICH QUALIFIES AS
41 A TAX-EXEMPT ENTITY UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
42 CODE.
43 S 2. This act shall take effect immediately and shall continue in full
44 force and effect until one year after the report and recommendations of
45 the commission on long term care facilities is delivered to the governor
46 and the legislature when upon such date the provisions of this act shall
47 be deemed repealed; provided that the office for the aging shall notify
48 the legislative bill drafting commission upon the occurrence of the
49 enactment of the legislation provided for in section one of this act in
50 order that the commission may maintain an accurate and timely effective
51 data base of the official text of the laws of the state of New York in
52 furtherance of effectuating the provisions of section 44 of the legisla-
53 tive law and section 70-b of the public officers law.