senate Bill S7291

Enacts the "public nursing home protection act of 2014" directing the commissioner of health to study and report on the current and expected future status of public nursing homes

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / May / 2014
    • REFERRED TO AGING
  • 20 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Enacts the "public nursing home protection act of 2014" directing the commissioner of health to study and report on the current and expected future status of public nursing homes; imposes a 2 year moratorium on the divestiture or elimination of residential services by public nursing homes.

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Bill Details

Versions:
S7291
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Elder Law
Laws Affected:
Add Art III ยงยง301 - 305, Eld L

Votes

8
0
8
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Aging committee vote details

Sponsor Memo

BILL NUMBER:S7291

TITLE OF BILL: An act to amend the elder law, in relation to enacting
the "public nursing home protection act of 2014"; and providing for
the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the state to undertake a comprehensive study
on the conditions of public nursing homes in order to gain a better
understanding of financial and other obstacles specific to the
operation of public nursing homes. The elimination of services at
public nursing homes would be prohibited until one year after this
report is made.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. This section provides for legislative findings.

Section 2. This section provides for definitions as used in this
article.

Section 3. This section provides that the Commissioner of the
Department of Health, in conjunction with the Director of the Division
of the Budget, shall study and issue a comprehensive report on public
nursing homes in New York State. The study shall include information
on the current and expected future condition and usage of public
nursing homes, as well as the impact closing a public nursing home has
on residents, their families, and communities. The report shall be
presented to the governor, the temporary president of the senate, the
speaker of the assembly, the minority leader of the senate, and the
minority leader of the assembly one year after the effective date of
this act.

Section 4. Provides that no public nursing home shall 'suffer an
elimination of services until one year after the Commissioner reports
his findings.

Section 5. Provides the effective date.

JUSTIFICATION:

Public nursing homes are a critical component to the health care
infrastructure of New York State. These facilities are often the care
givers of last resort for many New Yorkers, and the loss of such
public nursing homes may lead to compromised or inadequate care for
many people in need.

Unfortunately, many municipalities have sold, closed, privatized,
transferred ownership, or otherwise limited or eliminated publicly
available nursing home services over the past several years. With the
elder population expected to sharply expand in the coming decades, the
state must ensure that these critical facilities remain open and
available to people in need.

By requiring the state to undertake a comprehensive study on public
nursing homes and prohibiting the elimination of services at such


homes until one year after the study is completed, the state can hope
to better understand the financial obstacles unique to these
facilities. This will provide municipalities with the knowledge
necessary to ensure that critical long term services remain available
at public nursing homes for the coming decades.

PRIOR LEGISLATIVE HISTORY:

New bill.

EFFECTIVE DATE:

Immediately, will be deemed repealed two years after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7291

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the elder law, in relation to enacting the "public nurs-
  ing home protection act of 2014"; and providing for the repeal of such
  provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  elder  law is amended by adding a new article III to
read as follows:
                               ARTICLE III
                      PUBLIC NURSING HOME PROTECTION
                                ACT OF 2014
SECTION 301. SHORT TITLE.
        302. LEGISLATIVE FINDINGS AND INTENT.
        303. DEFINITIONS.
        304. COMPREHENSIVE REPORT ON PUBLIC NURSING HOMES.
        305. RESTRICTION ON DIVESTITURE AND ELIMINATION OF SERVICES.
  S 301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "PUBLIC NURSING HOME PROTECTION ACT OF 2014".
  S  302.  LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE HEREBY FINDS
THAT IT IS THE GOAL OF THE STATE TO ENSURE  THAT  PUBLIC  NURSING  HOMES
REMAIN  AVAILABLE FOR THE FUTURE CARE OF PEOPLE IN NEED. THE LEGISLATURE
FURTHER FINDS THAT PUBLIC NURSING HOMES ARE A CRITICAL COMPONENT TO  THE
HEALTH  CARE  INFRASTRUCTURE OF THIS STATE AND OFTEN REPRESENT THE CARE-
GIVER OF LAST RESORT FOR MANY NEW YORKERS. THE LEGISLATURE FURTHER FINDS
THAT THE LOSS OF SUCH PUBLIC NURSING HOMES MAY LEAD  TO  COMPROMISED  OR
INADEQUATE  CARE  FOR MANY PEOPLE IN NEED. THE LEGISLATURE FURTHER FINDS
THAT MANY MUNICIPALITIES OF THE STATE  HAVE  SOLD,  CLOSED,  PRIVATIZED,
TRANSFERRED  OWNERSHIP,  OR  OTHERWISE  LIMITED  OR  ELIMINATED PUBLICLY
AVAILABLE NURSING HOME SERVICES OVER THE PAST SEVERAL YEARS. THE  LEGIS-
LATURE  FURTHER  FINDS  THAT  FUNDING  FROM THE FEDERAL, STATE AND LOCAL
GOVERNMENTS HAS DECREASED FOR PUBLIC NURSING HOMES OVER THE PAST SEVERAL
YEARS. THE LEGISLATURE FURTHER FINDS THAT THE DEMAND FOR  NURSING  HOMES
IS  LIKELY  TO  INCREASE  OVER  THE COMING YEARS AS A RESULT OF AN AGING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15081-01-4

S. 7291                             2

POPULATION, AND THE STATE SHOULD ENSURE THAT PUBLIC NURSING HOMES REMAIN
AVAILABLE FOR FUTURE CARE.
  S 303. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF HEALTH.
  2.  "ELIMINATE  RESIDENTIAL  SERVICES"  SHALL  MEAN THE CLOSURE, SALE,
TRANSFER, DIVESTMENT, DEFUNDING, DOWNSIZING OR REASSIGNMENT OF OWNERSHIP
OF A PUBLIC NURSING HOME FROM A MUNICIPALITY  TO  ANY  OTHER  PERSON  OR
ENTITY.
  3.  "MUNICIPALITY"  SHALL  MEAN  ANY  COUNTY,  EXCEPT  A COUNTY WHOLLY
CONTAINED WITHIN A CITY HAVING A  POPULATION  OF  ONE  MILLION  OR  MORE
PERSONS.
  4.  "PUBLIC  NURSING  HOME" SHALL MEAN ANY NURSING HOME OR RESIDENTIAL
HEALTH CARE FACILITY  ESTABLISHED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE
PUBLIC HEALTH LAW THAT IS OPERATED OR OWNED BY A MUNICIPALITY.
  S  304.  COMPREHENSIVE  REPORT ON PUBLIC NURSING HOMES. 1. THE COMMIS-
SIONER, IN CONJUNCTION WITH THE DIRECTOR OF THE DIVISION OF THE  BUDGET,
SHALL  STUDY AND ISSUE A COMPREHENSIVE REPORT ON PUBLIC NURSING HOMES IN
THE STATE. SUCH STUDY AND REPORT CARRIED OUT PURSUANT  TO  THIS  SECTION
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  (A)  THE  CURRENT  AND  EXPECTED  FUTURE FINANCIAL CONDITION OF PUBLIC
NURSING HOMES, INCLUDING:
  (1) THE CURRENT AND EXPECTED FUTURE SUPPORT  FROM  MEDICAID,  AND  THE
STATE AND LOCAL GOVERNMENTS,
  (2) MEDICARE AND MEDICAID RATE TRENDS OVER THE PREVIOUS TWENTY YEARS,
  (3)  FINANCIAL SUPPORT TRENDS FROM LOCAL GOVERNMENTS OVER THE PREVIOUS
TWENTY YEARS,
  (4) ADDITIONAL AID FROM STATE OR LOCAL GOVERNMENTS,
  (5) EXPECTED IMPACT OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT,
AND
  (6) THE IMPACT OF THE STATE'S FOUR PERCENT  MEDICAID  GLOBAL  SPENDING
CAP;
  (B)  THE  CURRENT  USAGE  OF  PUBLIC NURSING HOMES, INCLUDING, BUT NOT
LIMITED TO:
  (1) THE AVERAGE BED COUNT PER FACILITY,
  (2) THE MOST DEMANDED SERVICES PER FACILITY, AND
  (3) SPECIALTY SERVICES THAT ARE NOT  PROVIDED  BY  NON-PUBLIC  NURSING
HOMES;
  (C)  THE EXPECTED FUTURE NEED FOR PUBLIC NURSING HOMES, INCLUDING, BUT
NOT LIMITED TO:
  (1) THE EXPECTED FUTURE DEMAND FOR VARIOUS SERVICES, AND
  (2) PROJECTIONS OF FACILITY  POPULATIONS  AGED  SIXTY-FIVE  OR  OLDER,
SEVENTY-FIVE  OR  OLDER,  AND  EIGHTY-FIVE  OR  OLDER FOR THE NEXT THREE
DECADES; AND
  (D) THE EFFECTS THAT THE ELIMINATION OF THE RESIDENTIAL SERVICES OF  A
PUBLIC  NURSING  HOME  WOULD  HAVE  ON  THE  RESIDENTS OF SUCH FACILITY,
INCLUDING THE IMPACT ON THE PHYSICAL AND MENTAL HEALTH OF THE RESIDENTS,
THE AVAILABILITY OF SERVICES FOR HARD-TO-PLACE RESIDENTS, AND THE IMPACT
ON FAMILY MEMBERS OF RESIDENTS.
  2. THE COMMISSIONER MAY REQUEST AND SHALL RECEIVE FROM ANY  AGENCY  IN
THE  STATE, AND FROM ANY SUBDIVISION, DEPARTMENT, BOARD, BUREAU, COMMIS-
SION, OFFICE, AGENCY, OR OTHER INSTRUMENTALITY OF THE STATE  OR  OF  ANY
POLITICAL  SUBDIVISION  THEREOF  SUCH  INFORMATION,  ASSISTANCE AND DATA
DEEMED NECESSARY OR DESIRABLE TO EFFECTUATE THE PURPOSES  SET  FORTH  IN
THIS  SECTION.  SUCH  INFORMATION  RECEIVED BY THE COMMISSIONER SHALL BE
SUBJECT TO THE SAME REQUIREMENTS AND CONFIDENTIALITY AND LIMITATIONS  ON

S. 7291                             3

USE, IF ANY, AS ARE APPLICABLE TO THE DEPARTMENT OF HEALTH'S USE OF SUCH
INFORMATION.
  3.  THE COMMISSIONER SHALL MAKE A REPORT OF HIS OR HER FINDINGS TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF
THE ASSEMBLY WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE.
  S  305.  RESTRICTION  ON  DIVESTITURE  AND  ELIMINATION  OF  SERVICES.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PUBLIC NURSING HOME SHALL
DIVEST  OR  ELIMINATE  RESIDENTIAL  SERVICES  UNTIL  ONE  YEAR AFTER THE
COMMISSIONER SHALL HAVE REPORTED HIS OR HER FINDINGS PURSUANT TO  SUBDI-
VISION THREE OF SECTION THREE HUNDRED FOUR OF THIS ARTICLE.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed 2 years after it shall take effect.

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