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A04395 Summary:

BILL NOA04395A
 
SAME ASSAME AS S02036-A
 
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, Seawright
 
MLTSPNSRHyndman, Titone
 
Add 2827, Pub Health L
 
Relates to the closure of nursing homes.
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A04395 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4395A
 
SPONSOR: Niou (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to the closure of nursing homes   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 to the public health law to require the nursing home operator to notify the commissioner of the New York State Department of Health ninety days ahead of an anticipated closure. The notification shall include a proposed plan for closure, subject to the approval of the Commissioner, and describe procedures the operator will take to notify and assess nursing home residents affected by the closure. Copies of the written notice shall be concurrently delivered to the local executive body, legislative body and community board if applicable where the nursing home is located. 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 forty five days to do so. Establishes that the operator shall take no action to close the nursing home prior to approval by the commissioner of the plan for closure. Requires the commissioner to make full copies of the final closure plans available to the public on the department's website. States that the commissioner shall impose fines should the operator fail to comply with any provisions of this section. 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 the local community is notified before approving any closure. The current closure process in New York State does not require engage- ment of the surrounding community, or an examination 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: This act shall take effect on the first of April after it shall become a law, and shall apply to all closures of nursing homes occurring on or after such effective date and to all closures of nursing homes pending such effective date; provided that, effective immediately, the commis- sioner of health shall make regulations and take other actions reason- ably necessary to implement this act on that date.
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A04395 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4395--A
 
                               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,  JENNE,  PHEFFER AMATO, BLAKE, SEAWRIGHT -- Multi-Sponsored
          by -- M. of A.   HYNDMAN, TITONE -- read  once  and  referred  to  the
          Committee  on  Health  --  committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law, in relation  to  the  closure  of
          nursing homes
 
          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  2827 to read as follows:
     3    § 2827.  Closure of nursing homes. 1. In the event that an operator of
     4  a nursing home elects to close the facility, the following shall apply:
     5    (a) The operator shall notify the department in writing at least nine-
     6  ty days prior to the anticipated date of closure of the nursing home.
     7    (b)  The  written  notice shall include a proposed plan for closure of
     8  the nursing home. The plan shall be subject to approval by  the  commis-
     9  sioner,  include  timetables  for  all  steps in the closure process and
    10  describe the procedures and actions the operator will take to:
    11    (i) notify residents of the closure, including provisions  for  termi-
    12  nation of admission agreements and involuntary discharge;
    13    (ii) assess the needs and preferences of individual residents;
    14    (iii)  assist  residents  in  locating and transferring to appropriate
    15  alternative settings; and
    16    (iv) maintain compliance with these regulations  until  all  residents
    17  have relocated.
    18    (c)  Copies  of  the written notice shall be concurrently delivered to
    19  the chief executive officer and  the  presiding  officer  of  the  local
    20  legislative body of each county, except a county wholly contained within
    21  a  city,  town or village in which the nursing home is located and, in a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00448-04-7

        A. 4395--A                          2
 
     1  city of a million or more population, also to  the  community  board  in
     2  whose district the nursing home is located.
     3    (d) If such officer, legislative body or board has cause to suspect or
     4  believe that an operator of a nursing home is electing to close a facil-
     5  ity  for reasons other than the health and safety of the residents, such
     6  officer, legislative body or board may:
     7    (i) convene closed or public meetings, upon notice to  the  department
     8  and the nursing home operator, that must conclude within forty-five days
     9  of the operator's notice;
    10    (ii)  examine  any  information relevant to needs of the community and
    11  the impact of the closure on stakeholders; and
    12    (iii) recommended to the commissioner as to  whether  the  application
    13  for closure should be approved, modified or rejected.
    14    (e) The closure plan shall be made available to the public.
    15    2.  (a)  The  operator  shall take no action to close the nursing home
    16  prior to approval by the commissioner of the plan for closure.
    17    (b) The operator shall not close the nursing home until all  residents
    18  of   the  nursing  home  have  transferred  to  appropriate  alternative
    19  settings.
    20    (c) The operator shall not increase the amount of any fees or  charges
    21  charged  to  the  residents of the nursing home, their families or their
    22  insurance companies, if any, prior to approval of the plan for  closure.
    23  The  operator  shall  not institute any new fees or charges to the resi-
    24  dents of the nursing home, their families or their insurance  companies,
    25  if any, prior to approval of the plan for closure.
    26    (d) The operator shall not accept new residents, admissions, or trans-
    27  fers  for  the nursing home, after the operator has notified the depart-
    28  ment that the operator intendeds to close the nursing home,  unless  (i)
    29  each  such  new  resident,  admission  or  transfer is notified prior to
    30  acceptance of the intended date  of  closure,  or  (ii)  the  operator's
    31  election to close the nursing home has been abandoned.
    32    3.  As  part of the approval of the closure plan, the commissioner and
    33  operator shall:
    34    (a) create a plan for the maintenance, storage  and  safekeeping,  and
    35  ultimate  disposition of its patient medical records and provide for the
    36  transfer or access to such  records  to  the  patients,  their  treating
    37  health care providers, or lawful representatives;
    38    (b) create a plan to insure that arrangements for continued care which
    39  meet  each resident's social, emotional and health needs, to be effectu-
    40  ated prior to closure;
    41    (c) implement the approved plans and prompt surrender of the operating
    42  certificate upon closure; and
    43    (d) make a full copy of such plans available  to  the  public  on  the
    44  department's  website  and  shall  update  the  posting should the plans
    45  change.
    46    4. Failure of a nursing home operator to comply with any provision  of
    47  this section or the terms of any agreement with or conditions imposed by
    48  the  commissioner  under  this section shall result in the imposition of
    49  penalties under this chapter.
    50    § 2. This act shall take effect on the first of April after  it  shall
    51  become a law, and shall apply to all closures of nursing homes occurring
    52  on  or  after  such  effective date and to all closures of nursing homes
    53  pending such effective date; provided that, effective  immediately,  the
    54  commissioner  of  health  shall  make regulations and take other actions
    55  reasonably necessary to implement this act on that date.
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