Bill > HB0021

This bill amends existing law to establish new procedures and requirements for assisted living facilities undergoing closure, qualifying sales, changes of use, or acquisition sales. A "qualifying sale" is defined as a sale where residents are expected to be transferred or discharged within 60 days, or where the buyer intends to change the facility's use. A "change of use" means the owner plans to alter the facility's purpose in a way that necessitates resident transfers or discharges. An "acquisition sale" is a sale where residents are not expected to be transferred or discharged within 60 days and the buyer intends to continue operating it as an assisted living facility. The bill introduces the concept of a "transition plan," a comprehensive document detailing resident needs, relocation options, safe transfer procedures, and timelines, which must be submitted to the Division of Licensing and Background Checks for approval at least 120 days before a closure, qualifying sale, or change of use. Facilities are prohibited from accepting new residents after submitting a transition plan. Furthermore, at least 45 days before such events, facilities must provide written notification to residents, their responsible persons, the ombudsman (an advocate for residents), and the division, including the approved transition plan. The bill also mandates that facilities conduct meetings with residents to discuss relocation, assist with finding new placements, invite other facility operators to meet residents, provide prorated refunds for prepaid funds, and transfer complete resident records to new facilities. Facilities cannot close or change use until all affected residents have been relocated. For acquisition sales, residents must be notified within five days, and their rates cannot be increased for at least 60 days, with a 30-day notice required for any subsequent rate hikes. Finally, the bill allows for the appointment of a receiver by a court if a facility fails to comply with these requirements.