N.Y. Public Health Law § 4653-a: Closure of assisted living residences

§ 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.