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A06034 Summary:

BILL NOA06034A
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRBichotte Hermelyn, Sayegh
 
MLTSPNSR
 
Amd §2806-a, Pub Health L
 
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.
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A06034 Actions:

BILL NOA06034A
 
03/30/2023referred to health
04/05/2023amend (t) and recommit to health
04/05/2023print number 6034a
04/18/2023reported
04/20/2023advanced to third reading cal.147
04/26/2023passed assembly
04/26/2023delivered to senate
04/26/2023REFERRED TO HEALTH
01/03/2024DIED IN SENATE
01/03/2024RETURNED TO ASSEMBLY
01/03/2024ordered to third reading cal.172
03/18/2024passed assembly
03/18/2024delivered to senate
03/18/2024REFERRED TO HEALTH
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A06034 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6034--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 30, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  BICHOTTE HERMELYN  -- read once and
          referred to the Committee on  Health  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the public health law,  in  relation  to  expanding  the
          scope of the temporary operator program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 2806-a of the public  health  law,
     2  as  added  by  section  50  of part E of chapter 56 of the laws of 2013,
     3  paragraph (g) as added by section 7 of part K of chapter 57 of the  laws
     4  of 2015, is amended to read as follows:
     5    1. For the purposes of this section:
     6    (a) "adult care facility" shall mean an adult home or enriched housing
     7  program licensed pursuant to article seven of the social services law or
     8  an assisted living residence licensed pursuant to article forty-six-B of
     9  this chapter;
    10    (b)  "established operator" shall mean the operator of [an adult care]
    11  a facility[, a general hospital or a  diagnostic  and  treatment  center
    12  that  has  been  established and issued an operating certificate as such
    13  pursuant to this article];
    14    (c) "facility" shall mean (i) a [general] hospital  [or  a  diagnostic
    15  and  treatment  center  that has been issued an operating certificate as
    16  such pursuant to this article]; or (ii) an adult care facility;
    17    (d) "temporary operator" shall mean any person or entity that:
    18    (i) agrees to operate a facility on a  temporary  basis  in  the  best
    19  interests  of  its residents or patients and the community served by the
    20  facility; and
    21    (ii) has demonstrated that he or she has the character, competence and
    22  financial ability to operate the facility in compliance with  applicable
    23  standards;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10407-02-3

        A. 6034--A                          2
 
     1    (e)  "serious  financial instability" shall include but not be limited
     2  to defaulting or violating key covenants of loans,  or  missed  mortgage
     3  payments,  or general untimely payment of obligations, including but not
     4  limited to employee benefit fund, payroll  tax,  and  insurance  premium
     5  obligations,  or  failure  to  maintain  required  debt service coverage
     6  ratios or, as applicable, factors that have triggered a written event of
     7  default notice to the department by the dormitory authority of the state
     8  of New York; and
     9    (f)  "extraordinary  financial  assistance"  shall  mean  state  funds
    10  provided  to  a facility upon such facility's request for the purpose of
    11  assisting the facility to address serious  financial  instability.  Such
    12  funds  may  be  derived  from  existing  programs within the department,
    13  special appropriations, or other funds.
    14    (g) "improper delegation of  management  authority  by  the  governing
    15  authority  or  operator" of a [general hospital] facility shall include,
    16  but not be limited to, the delegation to an entity  that  has  not  been
    17  established  as  an  operator  of the [general hospital] facility of (i)
    18  authority to hire or fire the  administrator  or  other  key  management
    19  employees;  (ii) maintenance and control of the books and records; (iii)
    20  authority over the disposition of assets and the  incurring  of  liabil-
    21  ities  on  behalf of the facility; and (iv) the adoption and enforcement
    22  of policies regarding the operation of the facility.  The  criteria  set
    23  forth  in  this paragraph shall not be the sole determining factors, but
    24  indicators to be considered with such other factors that may  be  perti-
    25  nent  in particular instances. Professional expertise shall be exercised
    26  in the utilization of the criteria. All of the listed indicia  need  not
    27  be present in a given instance for there to be an improper delegation of
    28  authority.
    29    § 2. This act shall take effect immediately.
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