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Statutory Text

SEC. 6113. NOTIFICATION OF FACILITY CLOSURE. (a) IN GENERAL.—Section 1128I of the Social Security Act, as added and amended by this Act, is amended by adding at the end the following new subsection: ‘‘(h) NOTIFICATION OF FACILITY CLOSURE.— ‘‘(1) IN GENERAL.—Any individual who is the administrator of a facility must— ‘‘(A) submit to the Secretary, the State long-term care ombudsman, residents of the facility, and the legal representatives of such residents or other responsible parties, written notification of an impending closure— ‘‘(i) subject to clause (ii), not later than the date that is 60 days prior to the date of such closure; and ‘‘(ii) in the case of a facility where the Secretary terminates the facility’s participation under this title, not later than the date that the Secretary determines appropriate; ‘‘(B) ensure that the facility does not admit any new residents on or after the date on which such written notification is submitted; and ‘‘(C) include in the notice a plan for the transfer and adequate relocation of the residents of the facility by a specified date prior to closure that has been approved by the State, including assurances that the residents will be transferred to the most appropriate facility or other setting in terms of quality, services, and location, taking into consideration the needs, choice, and best interests of each resident. ‘‘(2) RELOCATION.— ‘‘(A) IN GENERAL.—The State shall ensure that, before a facility closes, all residents of the facility have been successfully relocated to another facility or an alternative home and community-based setting. ‘‘(B) CONTINUATION OF PAYMENTS UNTIL RESIDENTS RE- LOCATED.—The Secretary may, as the Secretary determines appropriate, continue to make payments under this title with respect to residents of a facility that has submitted a notification under paragraph (1) during the period beginning on the date such notification is submitted and ending on the date on which the resident is successfully relocated. ‘‘(3) SANCTIONS.—Any individual who is the administrator of a facility that fails to comply with the requirements of paragraph (1)— ‘‘(A) shall be subject to a civil monetary penalty of up to $100,000; ‘‘(B) may be subject to exclusion from participation in any Federal health care program (as defined in section 1128B(f)); and ‘‘(C) shall be subject to any other penalties that may be prescribed by law. ‘‘(4) PROCEDURE.—The provisions of section 1128A (other than subsections (a) and (b) and the second sentence of subsection (f)) shall apply to a civil money penalty or exclusion under paragraph (3) in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).’’. (b) CONFORMING AMENDMENTS.—Section 1819(h)(4) of the Social Security Act (42 U.S.C. 1395i–3(h)(4)) is amended— (1) in the first sentence, by striking ‘‘the Secretary shall terminate’’ and inserting ‘‘the Secretary, subject to section 1128I(h), shall terminate’’; and (2) in the second sentence, by striking ‘‘subsection (c)(2)’’ and inserting ‘‘subsection (c)(2) and section 1128I(h)’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect 1 year after the date of the enactment of this Act.