§ 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.