NY State Senate Bill 2013-S6855

Senate Bill S6855

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Aging Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2014	referred to aging

2013-S6855 (ACTIVE) - Details

See Assembly Version of this Bill:: A9134
Current Committee:: Senate Aging
Law Section:: Elder Law
Laws Affected:: Add Art 3 §§300 & 301, Eld L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2472, A5319
2017-2018: S2264
2019-2020: S4232

2013-S6855 (ACTIVE) - Summary

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.

2013-S6855 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6855

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 facili-
ties 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 facil-
ity;

-Specifically comparing relocation to a facility in the same geograph-
ical area with relocation to a facility in a different geographical
area;

o Feasibility of arranging comparable placements, as opposed to appro-
priate 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 meet-
ing 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 recom-
mendations.

Section 2. Effective Date - This act shall take effect immediately and
expire one year after the report and recommendations are delivered.

JUSTIFICATION:

When long term care facilities close, they place a burden on the resi-
dents 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 there-
in and do a better job of planning for closures to minimize the impact
on residents.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately, will be deemed repealed one year after report of recommen-
dations is made.

2013-S6855 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6855

                            I N  S E N A T E

                             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.

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