What's happening
This bill establishes specific procedures and protections for the closure or decertification of assisted living residences in New York.
Why it matters
Requires a comprehensive, state-approved closure plan. Operators must submit a detailed plan—including timelines and support steps—to the state Department of Health before closing or decertifying an assisted living residence. This ensures that closures aren’t abrupt and that residents’ needs are considered in advance.
Protects residents from sudden displacement and financial exploitation. The bill prohibits increasing rents or fees during the closure process (except for increases tied to supplemental security income) and bans new admissions after intent to close is declared. This helps prevent operators from taking financial advantage of residents or bringing in new residents who would soon be forced to move.
Mandates safe and appropriate resident relocation. Operators cannot close a facility until all residents are safely relocated to suitable alternative settings that meet their social, emotional, and healthcare needs. Residents making good faith relocation efforts can receive extended time beyond 120 days if necessary.
Imposes penalties for noncompliance. Operators that fail to follow these procedures—such as by closing without an approved plan or without relocating all residents—face civil penalties, creating strong incentives to prioritize resident welfare during the closure process.
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Who cares
Assisted living residents and their representatives
The bill would require a target closure date at least 120 days after written notice, relocation assistance and additional time for qualifying residents who need longer to move safely.
Assisted living operators
The bill would require an approved closure or decertification plan, bar new admissions and applications after notice to the state, and impose civil penalties for specified failures.
New York State Department of Health
The bill would require the commissioner to approve closure plans and determine whether residents qualify for additional relocation time.
Health insurers and long-term care plans paying resident charges
The bill would prohibit operators from raising charges before plan approval, except for resident-specific increases tied to supplemental security income increases.
Headline styles
Protect Assisted Living Residents
Plain English, a few words. Used as the page title.
Sponsors
25 Co-sponsors
- Carmen E. Arroyo
- Michael Blake
- Didi Barrett
- Edward Braunstein
- William Colton
- Vivian Cook
- Jeffrey Dinowitz
- Richard Gottfried
- Ellen C. Jaffee
- Latoya Joyner
- Michael G. Miller
- Steven Otis
- N. Nick Perry
- Phil Steck
- Walter T. Mosley
- Thomas Abinanti
- Linda Rosenthal
- Robert C. Carroll
- Anthony D'Urso
- Charles Barron
- Maritza Davila
- Felix Ortiz
- Taylor Darling
- Catalina Cruz
- Tremaine Wright
1 Multi-sponsor
History
- Referred to aging
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.126
- Returned to assembly
- Died in senate
- Referred to rules
- Delivered to senate
- Passed assembly
- Amended on third reading 3050a
- Advanced to third reading cal.133
- Reported
Show 2 earlier actions
- Reported referred to codes
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Assisted Living Residents
In Senate Committee · Aging · Sponsor Diane J. Savino
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3050--A Cal. No. 133
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. SIMON, ARROYO, BLAKE, BARRETT, BRAUNSTEIN, COLTON, COOK, DINOWITZ, GOTTFRIED, JAFFEE, JOYNER, M. G. MILLER, OTIS, PERRY, STECK, MOSLEY, ABINANTI, L. ROSENTHAL, CARROLL, D'URSO, BARRON, ASHBY, DAVILA, ORTIZ -- Multi-Sponsored by -- M. of A. GRIFFIN -- read once and referred to the Committee on Health -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the public health law, in relation to specifying procedures for the closure and/or decertification of assisted living residences
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Title 2 of article 46-B of the public health law is amended by adding a new section 4653-a to read as follows:
§ 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 in writing prior to the anticipated date of closure of the assisted living residence and/or the decertification of such assisted living residence.
(b) Such 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01685-02-9
A. 3050--A 2
(i) notify residents and the residents' representatives of the closure, and/or decertification, including provisions for termination of admission 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.
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 however, that the operator may increase the amount of any rent, fees or other surcharges imposed upon an individual resident corresponding with an increase in the individual's supplemental security income; the total of such increases for an individual shall not exceed the amount of the increase in the individual's supplemental security income.
(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, center for health care quality and surveillance 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 such 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 promulgate such rules and regulations as he or she deems necessary to implement the provisions of this section.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law, and shall apply to all
A. 3050--A 3
closures of assisted living residences occurring on or after such effective date and to all closures of assisted living residences pending such effective date; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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