•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

A04395 Summary:

BILL NOA04395
 
SAME ASSAME AS S02036
 
SPONSORNiou
 
COSPNSRAbinanti, Barron, Brindisi, Carroll, Colton, Cusick, De La Rosa, Dickens, Dilan, Glick, Gottfried, Hevesi, Kavanagh, Kearns, Kim, Mosley, Ortiz, Peoples-Stokes, Pretlow, Quart, Richardson, Rosenthal, Simon, Simotas, Abbate, Gjonaj, Lentol, Sepulveda, Jenne, Pheffer Amato, Blake
 
MLTSPNSRHyndman, Titone
 
Add 2801-h, Pub Health L
 
Relates to the approval of the closure of nursing homes and residential health care facilities by the commissioner of health after a report is created on the closure.
Go to top

A04395 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4395
 
SPONSOR: Niou (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to approval of the closure of nursing homes and residential health care facilities by the commissioner of health   PURPOSE OR GENERAL IDEA OF BILL: To strengthen oversight over nursing homes by creating a transparent process when nursing homes are threatened in New York City.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill adds a new Section 2801-H to the public health law to require the Commissioner of the New York State Department of Health (DOH) to issue a report within 30 days of an application for closure, including: *The anticipated impact of closure on the surrounding communities' access to nursing care and health related services. *What measures DOH and others have taken or plan to take to lessen any negative impact; *Any other recommendations regarding access to nursing care and health related services in the impacted communities; *Why the State cannot assume financial responsibility for the facility or identify an alternate operator; *Specific measures DOH will take to ensure nursing home and residential healthcare facility residents are located and transferred to the most integrated setting appropriate to their needs and consistent with their preferences; *Complete copies of the application for closure. The commissioner is also required to make a full copy of the report available to the public on the department's website. Requires the operator to post the commissioner report in the nursing home or residential healthcare facility. Allows the community, through the Community Board, local elected offi- cials, and relevant agencies to respond and make recommendations based upon the report and gives at least sixty days to do so. Upon any decision to approve or reject an application for closure, the commissioner shall make available to the public on the department's website a complete copy of the final application for closure and a description of any changes made to the proposed plan as a result of the consultation with or recommendations submitted by the community board, city council member, state senator, assembly member, congressional representative, borough president, city planning commission, city health department or member of the public. The commissioner may only approve the application for closure if he or she reasonably determines that the needs of the community and impacted stakeholders, including but not limited to access to nursing care and health-related services, can be adequately met. States that a nursing home or residential healthcare facility cannot be closed until commissioner complies with provisions in this bill. Section 2 of the bill establishes the effective date.   JUSTIFICATION: The "Rivington Act" would strengthen oversight by creating a transparent process when nursing homes are threatened, and requiring the New York State Department of Health to ensure local community needs can adequate- ly be met before approving any closure. The current closure process in New York State does not require an analy- sis of how a facility's closure will impact the broader community before a decision for closure is made. Information on a potential closure cannot even be disclosed to the public prior to a closure being approved by the New York State Department of Health. Communities have no ability to comment on the impact of the proposed closure. Notification of the sudden closure of Rivington House, a nursing home on Manhattan's Lower East Side, came in the form of news reports and rumors, instead of formal communications from the operator or New York State Department of Health. As a result, the Rivington House closure proceeded without oversight leading to extensive investigations and a loss of needed care in its community.   PRIOR LEGISLATIVE HISTORY:   FISCAL IMPLICATIONS: Minimal Fiscal Impact   EFFECTIVE DATE: Immediately
Go to top

A04395 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4395
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  NIOU,  ABINANTI,  BARRON, BRINDISI, CARROLL,
          COLTON, CUSICK, DE LA ROSA, DICKENS, DILAN, GLICK, GOTTFRIED,  HEVESI,
          KAVANAGH,  KEARNS, KIM, MOSLEY, ORTIZ, PEOPLES-STOKES, PRETLOW, QUART,
          RICHARDSON,  ROSENTHAL,  SIMON,  SIMOTAS,  ABBATE,   GJONAJ,   LENTOL,
          SEPULVEDA  --  Multi-Sponsored  by -- M. of A. TITONE -- read once and
          referred to the Committee on Health
 
        AN ACT to amend the public health law, in relation to  approval  of  the
          closure of nursing homes and residential health care facilities by the
          commissioner of health
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2801-h to read as follows:
     3    § 2801-h. Nursing home or residential health care facility closure. 1.
     4  Notwithstanding  any  provision of law to the contrary, the closure of a
     5  nursing home or residential health care  facility  or  surrender  of  an
     6  operating  certificate  pursuant  to  this  article  shall be subject to
     7  review and approval by the commissioner.
     8    2. (a) No later than thirty days after receipt of an  application  for
     9  closure  of a nursing home or residential health care facility in a city
    10  with a population of one million or more, the commissioner shall  submit
    11  a  written  report to the community board, the city planning commission,
    12  the city council member representing the area within which the  facility
    13  is  located,  the  president of the borough within which the facility is
    14  located, the congressional representative for the district in which  the
    15  facility  is  located, the state senator and the assembly member repres-
    16  enting the area within which the  facility  is  located,  and  the  city
    17  department of health. Such written report shall include:
    18    (i)  the  anticipated impact of the nursing home or residential health
    19  care facility's closure on access to nursing  care  and  health  related
    20  services by members of the surrounding communities;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00448-02-7

        A. 4395                             2
 
     1    (ii)  specific measures the department and other parties have taken or
     2  would take to ameliorate such anticipated impact on the communities;
     3    (iii) any further recommendations regarding access to nursing care and
     4  health related services in communities impacted by the closure;
     5    (iv)  an  assessment  of  the ability of the state to assume financial
     6  responsibility or identify an alternate operator;
     7    (v) specific measures the department will take to ensure nursing  home
     8  and  residential  healthcare  facility  residents are located and trans-
     9  ferred to the most integrated setting appropriate  to  their  needs  and
    10  consistent with their preferences; and
    11    (vi) complete copies of the application or request for closure.
    12    (b) The commissioner shall also make a full copy of such report avail-
    13  able to the public on the department's website.
    14    (c)  No  later  than  thirty  days after receipt of an application for
    15  closure of a nursing home  or  residential  health  care  facility,  the
    16  commissioner  shall  make available to the operator of such nursing home
    17  or residential health care facility  the  report  with  instructions  to
    18  display or post the report in conspicuous places within the nursing home
    19  or  residential  health  care  facility  where the report will be easily
    20  visible to all residents and their family members.
    21    3. Such community board, city council member, state senator,  assembly
    22  member,  congressional  representative, borough president, city planning
    23  commission, or city health department may review  and  make  recommenda-
    24  tions  based  upon  such written report. The last date for submission of
    25  recommendations shall be not less than sixty days after receipt  of  the
    26  written report. Any recommendation by such community board, city council
    27  member,  state  senator,  assembly member, congressional representative,
    28  borough president, city planning commission, or city  health  department
    29  of such city shall be submitted to the commissioner.
    30    4.  Upon  any  decision  by  the  commissioner to approve or reject an
    31  application for closure of a nursing home  or  residential  health  care
    32  facility in a city with a population of one million or more, the commis-
    33  sioner  shall make available to the public on the department's website a
    34  complete copy of the final plan for closure and  a  description  of  any
    35  changes  made  to  the proposed plan as a result of consultation with or
    36  recommendations submitted by the community board, city  council  member,
    37  state  senator,  assembly  member, congressional representative, borough
    38  president, city planning commission, city health department or member of
    39  the public pursuant to subdivision three of this section.
    40    5. The commissioner may only approve the  application  if  he  or  she
    41  reasonably  determines  that  the  needs  of  the community and impacted
    42  stakeholders, including but not limited to access to  nursing  care  and
    43  health related services, can be adequately met.
    44    6.  No  closure  of a nursing home or residential health care facility
    45  shall be approved under this section unless  the  commissioner  complies
    46  with the provisions of this section.
    47    7. The commissioner shall promulgate any rules necessary to effectuate
    48  the provisions of this section.
    49    § 2. This act shall take effect immediately.
Go to top