BILL NUMBER: S6959
SPONSOR: HINCHEY
TITLE OF BILL:
An act to amend the social services law, in relation to notice of adult
care facility closure requirements
PURPOSE:
To require the department of health to notify state and county officials
of the expected closure of adult care facilities.
SUMMARY OF PROVISIONS:
Section one adds a new section to the social services law that requires
the department of health to notify in writing the governor, the state
comptroller, the attorney general's office, the justice center for the
protection of people with special needs, the members of the legislature
that represent the facility and the counties executive officer or
presiding officer of the local legislative body of the suspension or
revocation of an adult care facility's operating certificate. Section
one also requires the department to post on its website notice of the
closure of the facility and what individuals or groups will be impacted
by the closure.
Section two states the effective date.
JUSTIFICATION:
When the Department of Health closes an adult care facility for violat-
ing health and safety standards, there is currently no requirement that
they directly notify state and local officials of the impending closure.
Current regulations only require that a notice be placed in a newspaper
in general circulation that the department is considering revoking or
suspending a facilities operating certificate. This can create situ-
ations where state and local officials are given only one or two days'
notice that an adult care facility is going to be shut down and the
residents displaced. This bill's commonsense solution is to require the
Department of Health to notify state and local officials of the closure
as soon as they notify the facility. The department must also post on
its website a summary of the violations from the facility and who is
likely to be impacted 30 days prior to the facility's closure. This will
ensure that all relevant parties are aware of the impending closure and
have adequate time to assist residents and constituents with finding new
care and accommodations.
LEGISLATIVE HISTORY:
2024: S.8933A/A.10560 - Passed Senate/Referred to Health
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.