N.Y. Pub. Health Law § 4653-a

* § 4653-a. Closure of assisted living residences. 1. In the event\nthat an operator of an assisted living residence elects to close and to\nsurrender an operating certificate and/or certification as an enhanced\nor special needs assisted living residence, the following provisions\nshall apply:\n (a) The operator shall notify the appropriate regional office of the\ndepartment in writing prior to the anticipated date of closure of the\nassisted living residence and/or the decertification of such assisted\nliving residence.\n (b) Such written notice shall include a proposed plan for closure\nand/or decertification. The plan shall be subject to the approval of the\ncommissioner, shall include timetables for all steps entailed in the\nclosure process and shall describe the procedures and actions the\noperator will take to:\n (i) notify residents and the residents' representatives of the\nclosure, and/or decertification, including provisions for termination of\nadmission agreements and involuntary discharge;\n (ii) assess the needs and preferences of individual residents;\n (iii) assist residents in relocating and transferring to appropriate\nalternative settings; and\n (iv) maintain compliance with approved plan until all residents have\nrelocated.\n 2. (a) The operator shall take no action to close the assisted living\nresidence prior to approval from the commissioner of the plan for\nclosure and/or decertification.\n (b) The operator shall not close the assisted living residence until\nall residents thereof have transferred to appropriate alternative\nsettings.\n (c) The operator shall not increase the amount of any rent, fees or\nother surcharges imposed upon the residents of the assisted living\nresidence, their residents' representatives, and/or any applicable\nhealth insurance plan, long term care plan or other insurance plan\nproviding payment to the residence on behalf of the resident prior to\nthe approval of the plan for closure and/or decertification by the\ncommissioner, provided however, that the operator may increase the\namount of any rent, fees or other surcharges imposed upon an individual\nresident corresponding with an increase in the individual's supplemental\nsecurity income; the total of such increases for an individual shall not\nexceed the amount of the increase in the individual's supplemental\nsecurity income.\n (d) The operator shall not accept new residents or applications for\nresidency after the operator has notified the appropriate regional\noffice of the department that the operator intends to close and/or\ndecertify the assisted living residence.\n 3. As part of the final approval of the closure plan, the department,\ncenter for health care quality and surveillance and operator shall agree\nupon a target closure date, which shall be at least one hundred twenty\ndays from the actual date that the operator provides written\nnotification to the residents and the residents' representatives of the\nclosure. In providing notification of such target closure date, the\noperator shall also notify residents and the residents' representatives\nthat additional time will be provided to residents who make good faith\nefforts, as determined by the commissioner, to secure an alternative\nsetting and have demonstrated a reasonable basis for needing more than\none hundred twenty days to transfer to an appropriate alternative\nsetting, so long as it remains safe and appropriate to reside in the\nassisted living residence at such time.\n 4. The operator shall implement the approved plan to ensure that\narrangements for continued care which meet each resident's social,\nemotional and health care needs are effectuated prior to closure and/or\ndecertification.\n 5. Failure to notify the department of intent to cease operations,\nfailure to submit a plan for closure and/or decertification, failure to\nexecute the approved plan for closure and/or decertification and closing\nan assisted living residence before all residents have been\nappropriately relocated, shall result in the imposition of civil\npenalties in accordance with section twelve of this chapter.\n 6. The commissioner may promulgate such rules and regulations as he or\nshe deems necessary to implement the provisions of this section.\n * NB Effective January 1, 2023\n