2023 New York Laws › PBH - Public Health › Article 46-B - Assisted Living › Title 2 - Assisted Living › 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.