|SAME AS||SAME AS S07108|
|COSPNSR||Abinanti, Barron, Brindisi, Carroll, Colton, Cusick, De La Rosa, Dickens, Dilan, Glick, Gottfried, Hevesi, Kim, Mosley, Ortiz, Peoples-Stokes, Pretlow, Quart, Richardson, Rosenthal L, Simon, Simotas, Abbate, Lentol, Sepulveda, Jenne, Pheffer Amato, Blake, Seawright|
|Add §2827, Pub Health L|
|Relates to the closure of nursing homes.|
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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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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. LBD00448-04-7A. 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.