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

                                  2706

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law, in relation to the qualifications
  of operators of health facilities

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

  Section  1.  Section  2801-a  of  the  public health law is amended by
adding a new subdivision 3-b to read as follows:
   3-B. IN CONSIDERING CHARACTER, COMPETENCE AND STANDING IN THE  COMMU-
NITY  UNDER SUBDIVISION THREE OF THIS SECTION, THE PUBLIC HEALTH COUNCIL
SHALL CONSIDER ANY PAST VIOLATIONS OF  STATE  OR  FEDERAL  RULES,  REGU-
LATIONS  OR  STATUTES RELATING TO EMPLOYER-EMPLOYEE RELATIONS, WORKPLACE
SAFETY, COLLECTIVE BARGAINING OR  ANY  OTHER  LABOR  RELATED  PRACTICES,
OBLIGATIONS OR IMPERATIVES.
  S  2. Section 2805 of the public health law is amended by adding a new
subdivision 3 to read as follows:
  3. IN DETERMINING WHETHER TO ISSUE OR RENEW AN  OPERATING  CERTIFICATE
TO  AN APPLICANT SEEKING TO OPERATE, OR OPERATING, A HOSPITAL IN ACCORD-
ANCE WITH  THIS  ARTICLE,  THE  COMMISSIONER  SHALL  CONSIDER  ANY  PAST
VIOLATIONS  OF  STATE OR FEDERAL RULES, REGULATIONS OR STATUTES RELATING
TO EMPLOYER-EMPLOYEE RELATIONS, WORKPLACE SAFETY, COLLECTIVE  BARGAINING
OR ANY OTHER LABOR RELATED PRACTICES, OBLIGATIONS OR IMPERATIVES.
  S  3. Section 2810 of the public health law is amended by adding a new
subdivision 4 to read as follows:
  4. IN DETERMINING WHETHER TO APPOINT ANY PERSON OR ENTITY AS A  TEMPO-
RARY  RECEIVER  THE  COMMISSIONER  SHALL CONSIDER ANY PAST VIOLATIONS OF
STATE OR FEDERAL RULES, REGULATIONS OR STATUTES RELATING TO EMPLOYER-EM-
PLOYEE RELATIONS, WORKPLACE SAFETY, COLLECTIVE BARGAINING OR  ANY  OTHER
LABOR RELATED PRACTICES, OBLIGATIONS OR IMPERATIVES.
  S  4.  Section  2896-c of the public health law is amended by adding a
new subdivision 1-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05678-01-9
              

A. 2706                             2

  1-A. IN DETERMINING WHETHER TO GRANT ANY PERSON A LICENSE  UNDER  THIS
ARTICLE, THE BOARD SHALL CONSIDER ANY PAST VIOLATIONS OF STATE OR FEDER-
AL   RULES,   REGULATIONS  OR  STATUTES  RELATING  TO  EMPLOYER-EMPLOYEE
RELATIONS, WORKPLACE SAFETY, COLLECTIVE BARGAINING OR  ANY  OTHER  LABOR
RELATED PRACTICES, OBLIGATIONS OR IMPERATIVES.
  S  5. Section 2897 of the public health law is amended by adding a new
subdivision 4 to read as follows:
  4. THE LICENSE OR REGISTRATION OF A NURSING HOME ADMINISTRATOR MAY  BE
SUSPENDED  FOR  A  FIXED  PERIOD OR REVOKED OR SUCH ADMINISTRATOR MAY BE
CENSURED, REPRIMANDED, SUBJECTED TO A CIVIL PENALTY AND OTHERWISE DISCI-
PLINED IN ACCORDANCE WITH THE PROVISIONS AND PROCEDURES DEFINED IN  THIS
ARTICLE, UPON DECISION AFTER DUE HEARING THAT, AS THE ADMINISTRATOR OF A
NURSING  HOME HE OR SHE HAS INTENTIONALLY PARTICIPATED IN ANY ACT, PRAC-
TICE OR POLICY OF SUCH NURSING  HOME  THAT  VIOLATED  STATE  OR  FEDERAL
RULES,  REGULATIONS OR STATUTES RELATING TO EMPLOYER-EMPLOYEE RELATIONS,
WORKPLACE SAFETY, COLLECTIVE BARGAINING OR ANY OTHER LABOR RELATED PRAC-
TICES, OBLIGATIONS OR IMPERATIVES. NO ADMINISTRATOR SHALL BE  DEEMED  TO
HAVE  INTENTIONALLY  PARTICIPATED  IN  ANY  ACT, PRACTICE OR POLICY OF A
NURSING HOME UNDER THIS SUBDIVISION IF  HE  OR  SHE  HAS  FILED  WRITTEN
OBJECTION  TO  SUCH  ACT,  PRACTICE  OR POLICY WITH THE OPERATOR OF SUCH
NURSING HOME, SPECIFYING THE MANNER IN WHICH SUCH ACT, PRACTICE OR POLI-
CY VIOLATES STATE OR FEDERAL RULES, REGULATIONS OR STATUTES RELATING  TO
EMPLOYER-EMPLOYEE  RELATIONS, WORKPLACE SAFETY, COLLECTIVE BARGAINING OR
ANY OTHER LABOR RELATED PRACTICES, OBLIGATIONS OR IMPERATIVES.
  S 6. Subdivision 4 of section 3605 of the public health law, as  added
by chapter 959 of the laws of 1984, is amended to read as follows:
  4.  The  public  health  council  shall not approve an application for
licensure unless it is satisfied as to  the  character,  competence  and
standing  in  the community of the applicant's incorporators, directors,
sponsors, stockholders or operators.  IN CONSIDERING  CHARACTER,  COMPE-
TENCE  AND  STANDING IN THE COMMUNITY UNDER THIS SUBDIVISION, THE PUBLIC
HEALTH COUNCIL SHALL CONSIDER ANY PAST VIOLATIONS OF  STATE  OR  FEDERAL
RULES,  REGULATIONS OR STATUTES RELATING TO EMPLOYER-EMPLOYEE RELATIONS,
WORKPLACE SAFETY, COLLECTIVE BARGAINING OR ANY OTHER LABOR RELATED PRAC-
TICES, OBLIGATIONS OR IMPERATIVES.
  S 7. Subdivision 1 of section 3605-a of  the  public  health  law,  as
added by chapter 959 of the laws of 1984, is amended to read as follows:
  1. A license of a home care services agency may be revoked, suspended,
limited  or  annulled by the commissioner on proof that it has failed to
comply with the provisions of this article [or]; rules  and  regulations
promulgated  thereunder; OR STATE OR FEDERAL RULES, REGULATIONS OR STAT-
UTES RELATING TO EMPLOYER-EMPLOYEE RELATIONS, WORKPLACE SAFETY,  COLLEC-
TIVE  BARGAINING  OR  ANY  OTHER LABOR RELATED PRACTICES, OBLIGATIONS OR
IMPERATIVES.
  S 8. Subdivision 2 of section 3608 of the public health law, as  added
by chapter 895 of the laws of 1977, is amended to read as follows:
  2.  A  certified  home  health  agency  certificate of approval may be
revoked, suspended, limited or annulled by  the  commissioner  on  proof
that  the  certified  home  health  agency has failed to comply with the
provisions of this article or rules and regulations  promulgated  there-
under;  OR  STATE  OR FEDERAL RULES, REGULATIONS OR STATUTES RELATING TO
EMPLOYER-EMPLOYEE RELATIONS, WORKPLACE SAFETY, COLLECTIVE BARGAINING  OR
ANY OTHER LABOR RELATED PRACTICES, OBLIGATIONS OR IMPERATIVES.
  S  9.  Paragraph  (d)  of  subdivision 1 of section 4403 of the public
health law, as added by chapter 938 of the laws of 1976, is  amended  to
read as follows:

A. 2706                             3

  (d)  the  character,  competence, and standing in the community of the
proposed incorporators, directors, sponsors or stockholders, are  satis-
factory  to  the  commissioner. IN CONSIDERING CHARACTER, COMPETENCE AND
STANDING IN THE COMMUNITY, THE  COMMISSIONER  SHALL  CONSIDER  ANY  PAST
VIOLATIONS  OF  STATE OR FEDERAL RULES, REGULATIONS OR STATUTES RELATING
TO EMPLOYER-EMPLOYEE RELATIONS, WORKPLACE SAFETY, COLLECTIVE  BARGAINING
OR ANY OTHER LABOR RELATED PRACTICES, OBLIGATIONS OR IMPERATIVES;
  S 10. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.