Creates 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.
TITLE OF BILL: 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 expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to protect residents of long term care facilities from being unduly burdened by the closure of the facility where they reside.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. This section would establish the Commission on Long Term Care Facilities as follows:
*The Commission's duty would be to study and make recommendations on the following issues:
o The effects of closures of long term care facilities on the residents of such facilities; o The availability of long term care facility placements for residents suffering from dementia or Alzheimer's disease; o The availability of long term care facility placements for residents requiring skilled nursing care; o The effects of relocating residents of a closing long term care facility;
-Specifically comparing relocation to a facility in the same geographical area with relocation to a facility in a different geographical area;
o Feasibility of arranging comparable placements, as opposed to appropriate placements, in other facilities within the same geographic area; o The impact on family members of residents of the Closing of a long term care facility; o The sufficiency of current laws, rules, and regulations governing the relocation of residents of a closing long term care facility; o The need, if any, for a notification system to alert residents and families not less than a year in advance of the closure or potential closure of a long term care facility; and o Any other matters the commission deems appropriate.
*The Commission would make recommendations for additional legislation or regulations as needed to govern the closing of long term care facilities and facilitate the relocation of residents.
*The Commission would consist of nine members:
o Director of the State Office for the Aging o State Long Term Care Ombudsman o Resident of the state who has expertise and experience in the fields of long term care and advocacy o Two appointments by the Temporary President of the Senate o Two appointments by the Speaker of the Assembly o One appointment each by the Minority Leader in each house
*The Commission shall report its findings one year after the first meeting of the Commission.
o All members of the Commission must be appointed within 60 days. o The Commission's first meeting would be within 30 days after all members are appointed.
Provides that no long term care facility would be able to close, convert to any other use, or cause reductions in staffing levels to occur until one year after the Commission reports its findings and provided recommendations.
Section 2. Effective Date - This act shall take effect immediately and expire one year after the report and recommendations are delivered.
When long term care facilities close, they place a burden on the residents and their families to find a comparable placement at another facility. Seniors who have been living in these facilities for years, especially those who have Alzheimer's or dementia, can be severely stressed and negatively affected by such an uprooting of their life without adequate time to transition. It is vital that these facilities consider the long term needs of the vulnerable seniors who reside therein and do a better job of planning for closures to minimize the impact on residents.
PRIOR LEGISLATIVE HISTORY:
To be determined.
Immediately, will be deemed repealed one year after report of recommendations is made.
STATE OF NEW YORK ________________________________________________________________________ 6855 IN SENATE March 20, 2014 ___________Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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: Section 1. The elder law is amended by adding a new article 3 to read as follows: ARTICLE III LONG TERM CARE FACILITIES SECTION 300. DEFINITIONS. 301. COMMISSION ON LONG TERM CARE FACILITIES. S 300. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING. 2. "LONG TERM CARE FACILITIES" SHALL MEAN RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND ASSISTED LIVING RESIDENCES, AS DEFINED IN ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW, OR ANY FACILI- TIES WHICH HOLD THEMSELVES OUT OR ADVERTISE THEMSELVES AS PROVIDING ASSISTED LIVING SERVICES AND WHICH ARE REQUIRED TO BE LICENSED OR CERTI- FIED UNDER THE SOCIAL SERVICES LAW OR THE PUBLIC HEALTH LAW AND ADULT CARE FACILITIES AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF THE SOCIAL SERVICES LAW. 3. "STATE OMBUDSMAN" SHALL MEAN THE STATE LONG TERM CARE OMBUDSMAN APPOINTED BY THE DIRECTOR PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER. S 301. COMMISSION ON LONG TERM CARE FACILITIES. 1. A TEMPORARY STATE COMMISSION, TO BE KNOWN AS THE COMMISSION ON LONG TERM CARE FACILITIES (HEREINAFTER THE "COMMISSION"), IS HEREBY CREATED TO STUDY AND MAKE RECOMMENDATIONS CONCERNING THE FOLLOWING:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14481-01-4 S. 6855 2
(A) THE EFFECTS OF CLOSURES OF LONG TERM CARE FACILITIES ON THE RESI- DENTS OF SUCH FACILITIES, INCLUDING THE IMPACT ON THE PHYSICAL AND MENTAL HEALTH OF THE RESIDENTS AND THE LOSS OF THE RESIDENTIAL COMMUNI- TY; (B) THE AVAILABILITY OF LONG TERM CARE FACILITY PLACEMENTS FOR NEW YORK STATE RESIDENTS SUFFERING FROM DEMENTIA, INCLUDING, BUT NOT LIMITED TO ALZHEIMER'S DISEASE; (C) THE AVAILABILITY OF LONG TERM CARE FACILITY PLACEMENTS FOR NEW YORK STATE RESIDENTS REQUIRING SKILLED NURSING CARE; (D) THE EFFECTS OF RELOCATING RESIDENTS OF A CLOSING LONG TERM CARE FACILITY TO ANOTHER FACILITY WITHIN THE SAME GEOGRAPHICAL AREA AS COMPARED WITH RELOCATING SUCH RESIDENTS TO A LONG TERM CARE FACILITY NOT WITHIN THE GEOGRAPHICAL AREA; (E) FEASIBILITY OF ARRANGING COMPARABLE PLACEMENTS, AS OPPOSED TO APPROPRIATE PLACEMENTS, IN OTHER FACILITIES WITHIN THE SAME GEOGRAPHICAL AREA WHEN A LONG TERM CARE FACILITY WITH A CAPACITY OF SERVING FIFTY OR MORE RESIDENTS CLOSES; (F) THE IMPACT ON FAMILY MEMBERS OF RESIDENTS OF THE CLOSING OF A LONG TERM CARE FACILITY; (G) THE SUFFICIENCY OF CURRENT LAWS, RULES AND REGULATIONS GOVERNING THE RELOCATION OF RESIDENTS OF A CLOSING LONG TERM CARE FACILITY; AND (H) SUCH OTHER MATTERS AS THE COMMISSION DEEMS APPROPRIATE. 2. THE COMMISSION SHALL MAKE RECOMMENDATIONS FOR ADDITIONAL LEGIS- LATION AND/OR REGULATIONS TO GOVERN THE CLOSING OF LONG TERM CARE FACIL- ITIES AND FACILITATE THE RELOCATION OF LONG TERM CARE FACILITY RESIDENTS IN A MANNER THAT IS IN THE BEST INTERESTS OF THE RESIDENTS IN THE EVENT OF A CLOSURE OF A LONG TERM CARE FACILITY. THE COMMISSION SHALL FURTHER STUDY THE NEED, IF ANY, TO DEVISE A NOTIFICATION SYSTEM TO ALERT RESI- DENTS AND FAMILIES NOT LESS THAN ONE YEAR IN ADVANCE OF THE CLOSURE OR POTENTIAL CLOSURE OF A LONG TERM CARE FACILITY. 3. (A) THE COMMISSION SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED AS FOLLOWS: THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AND SHALL INCLUDE THE DIRECTOR OF THE OFFICE FOR THE AGING, THE STATE OMBUDSMAN AND ONE ADDITIONAL MEMBER WHO SHALL BE A RESIDENT OF THE STATE WITH EXPERTISE AND EXPERIENCE IN THE FIELDS OF LONG TERM CARE AND ADVOCACY; TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. ALL OF THE MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY SHALL BE RESIDENTS OF THE STATE WITH EXPERTISE AND EXPERIENCE IN THE FIELDS OF LONG TERM CARE AND ADVOCACY. NO PERSON SHALL BE A MEMBER OF SUCH COMMISSION WHILE SUCH PERSON IS A MEMBER OF THE SENATE OR ASSEMBLY. ANY VACANCY ON SUCH COMMISSION SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT WAS MADE. A CHAIRPERSON AND VICE-CHAIRPERSON OF SUCH COMMISSION SHALL BE ELECTED BY THE MAJORITY OF ITS MEMBERS, ALL MEMBERS BEING PRESENT. (B) EXCEPT AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, NO MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER APPOINT- MENT HEREUNDER, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE OR CITY CHARTER. (C) ALL MEMBERS OF THE COMMISSION SHALL BE APPOINTED WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. THE FIRST MEETING OF THE COMMIS-S. 6855 3
SION SHALL TAKE PLACE WITHIN THIRTY DAYS AFTER APPOINTMENT OF ALL MEMBERS OF THE COMMISSION. 4. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER. 5. THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE BY APPROPRIATION THERE- FOR, IF ANY, OR BY DONATION, IF ANY. THE COMMISSION MAY MEET AND HOLD PUBLIC AND/OR PRIVATE HEARINGS WITHIN OR WITHOUT THE STATE, AND SHALL HAVE ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE LEGISLA- TIVE LAW. 6. FOR THE ACCOMPLISHMENT OF ITS PURPOSES, THE COMMISSION SHALL BE AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY STUDIES, INQUIRIES, SURVEYS OR ANALYSES IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL OR IN COOPER- ATION WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY. 7. THE COMMISSION MAY REQUEST AND SHALL RECEIVE FROM ANY AGENCY IN THE STATE AND FROM ANY SUBDIVISION, DEPARTMENT, BOARD, BUREAU, COMMISSION, OFFICE, AGENCY OR OTHER INSTRUMENTALITY OF THE STATE OR OF ANY POLITICAL SUBDIVISION THEREOF SUCH FACILITIES, ASSISTANCE AND DATA AS IT DEEMS NECESSARY OR DESIRABLE FOR THE PROPER EXECUTION OF ITS POWERS AND DUTIES AND TO EFFECTUATE THE PURPOSES SET FORTH IN THIS SECTION. 8. THE COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO ENTER INTO ANY AGREEMENTS AND TO DO AND PERFORM ANY ACTS THAT MAY BE NECESSARY, DESIRA- BLE OR PROPER TO CARRY OUT THE PURPOSES AND OBJECTIVES OF THIS SECTION. 9. THE COMMISSION SHALL MAKE A REPORT OF ITS FINDINGS AND SHALL SUBMIT ITS RECOMMENDATIONS, INCLUDING ANY RECOMMENDATIONS FOR LEGISLATIVE ACTION AS IT MAY DEEM NECESSARY AND APPROPRIATE, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY ONE YEAR AFTER THE FIRST MEETING OF THE COMMISSION. 10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO LONG TERM CARE FACILITY SHALL BE CLOSED OR CONVERTED TO ANY OTHER USE, OR CAUSE REDUCTIONS IN SUFFICIENT STAFFING LEVELS TO OCCUR, UNTIL ONE YEAR AFTER THE COMMISSION REPORTS ITS FINDINGS AND PROVIDED RECOMMENDATIONS AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION. 11. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A NON-PROFIT LONG TERM CARE FACILITY OPERATED BY A RELIGIOUS GROUP WHICH QUALIFIES AS A TAX-EXEMPT ENTITY UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE. S 2. This act shall take effect immediately and shall continue in full force and effect until one year after the report and recommendations of the commission on long term care facilities is delivered to the governor and the legislature when upon such date the provisions of this act shall be deemed repealed.