S2230

The New York State Senate passed legislation Tuesday requiring assisted living facilities to provide 90 days' notice and a Department of Health-reviewed closure plan before shutting down, protecting residents in the event of facility closures. Senate Print 2230, sponsored by Sen. Cleare, passed 58-5 on a roll call vote. The bill provides residents with additional time to arrange alternative care and includes due process protections regarding fee increases and supplemental security income during the closure period. The legislation builds on work originally carried by former Sen. Diane Savino. However, the bill drew criticism from rural senators who raised concerns about ambiguity in the measure's language regarding whether facilities could accept short-term respite care and rehabilitation patients during the 90-day notice period. Sen. Borrello of Fredonia and Sen. Rhoads both voted against the measure, arguing that prohibiting new admissions could force premature layoffs and eliminate care options in rural communities already lacking assisted living facilities. Sen. Borrello stated the bill should ensure closures are "as least disruptive as possible" and should not harm facility operations or residents. Sen. Cleare maintained the bill makes no changes to existing admission policies and provides important protections for residents facing facility closures. Senators Felder, Gallivan, and Walczyk also voted in opposition.