Expands the scope of the temporary operator program permitting the commissioner of health to appoint an operator if a facility experiences serious financial instability or conditions that seriously endanger the life, health or safety of residents or patients.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6034A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law, in relation to expanding the
scope of the temporary operator program
PURPOSE OR GENERAL IDEA OF BILL:
To extend the law authorizing temporary operators for certain health
care facilities to also cover nursing homes.
SUMMARY OF PROVISIONS:
Section 1 amends Public Health Law § 2806-a (appointment of temporary
operators of certain health facilities) to modify the definition of
"facility" covered by the law, to include nursing homes. The current law
covers only general, hospitals, diagnostic and treatment centers, adult
care facilities, and assisted living residences, but not nursing homes.
This bill expands the definition to any facility defined as a "hospital"
under Public Health Law section 2801 (1), thereby bringing in nursing
homes.
Section 2 is am immediate effective date
JUSTIFICATION:
The 2013 budget enacted PHL S 2806-a, which authorizes the appointment
of temporary operators for general hospitals, diagnostic and treatment
centers, adult care facilities, or assisted living residences. A tempo-
rary operator may be appointed by the Commissioner of Health in the
event that a facility faces serious financial instability or conditions
in the facility seriously endanger the life, health, or safety of resi-
dents or patients.
This bill would be a significant step forward in nursing home reform.
Nursing homes were excluded from the current scope of the law. However,
there is no policy justification for doing so. The temporary operator
law is an important process for ensuring oversight of facilities and
protection of their residents and patients. This bill would bring-nurs-
ing homes into it by amending definitions but does not make other chang-
es to the law.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A6964 - similar bill reported to third reading calendar
EFFECTIVE DATE:
This act shall take effect immediately.
