NY State Senate Bill S8208

senate Bill S8208

2015-2016 Legislative Session

Relates to the approval of the closure of nursing homes and residential health care facilities by the commissioner of health

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2016	referred to rules

S8208 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §2801-h, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2036, S7108
2019-2020: S4861

S8208 (ACTIVE) - Summary

Relates to the approval of the closure of nursing homes and residential health care facilities by the commissioner of health after a report is created on the closure.

S8208 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S8208

 TITLE OF BILL :  An act to amend the public health law, in relation
to approval of the closure of nursing homes and residential health
care facilities by the commissioner of health

 PURPOSE :

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 2801-H to the public health
law to require the Commissioner of the New York State Department of
Health (DOH) to issue a report within 30 days of an application for
closure, including:

*The anticipated impact of closure on the surrounding communities'
access to nursing care and health related services.

*What measures DOH and others have taken or plan to take to lessen any
negative impact;

*Any other recommendations regarding access to nursing care and health
related services in the impacted communities;

*Why the State cannot assume financial responsibility for the facility
or identify an alternate operator;

*Specific measures DOH will take to ensure nursing home and
residential healthcare facility residents are located and transferred
to the most integrated setting appropriate to their needs and
consistent with their preferences;

*Complete copies of the application for closure.

The commissioner is also required to make a full copy of the report
available to the public on the department's website.

Requires the operator to post the commissioner report in the nursing
home or residential healthcare facility.

Allows the community, through the Community Board, local elected
officials, and relevant agencies to respond and make recommendations
based upon the report.

Upon any decision to approve or reject an application for closure, the
commissioner shall make available to the public on the department's
website a complete copy of the final application for closure and a
description of any changes made to the proposed plan as a result of
the recommendations submitted by the community board, city council
member, state senator, assembly member, congressional representative,
borough president, city planning commission, city health department or
member of the public.

The commissioner may only approve the application for closure if he or
she reasonably determines that the needs of the community and impacted
stakeholders, including but not limited to access to nursing care and
health-related services, can be adequately met.No closure shall be
approved before 30 days have passed from the community recommendations
being given.

States that a nursing home or residential healthcare facility cannot
be closed until commissioner complies with provisions in this bill.

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 local community
needs can adequately be met before approving any closure.

The current closure process in New York State does not require an
analysis 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 :

New Bill

 FISCAL IMPLICATIONS :

Minimal Fiscal Impact

 EFFECTIVE DATE :
Immediately.

S8208 (ACTIVE) - Bill Text download pdf

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

                                  8208

                            I N  S E N A T E

                            October 26, 2016
                               ___________

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

AN ACT to amend the public health law, in relation to  approval  of  the
  closure of nursing homes and residential health care facilities by the
  commissioner of health

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

  Section 1. The public health law is amended by adding  a  new  section
2801-h to read as follows:
  S 2801-H. NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY CLOSURE. 1.
NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, THE CLOSURE OF A
NURSING HOME OR RESIDENTIAL HEALTH CARE  FACILITY  OR  SURRENDER  OF  AN
OPERATING  CERTIFICATE  PURSUANT  TO  THIS  ARTICLE  SHALL BE SUBJECT TO
REVIEW AND APPROVAL BY THE COMMISSIONER.
  2. (A) NO LATER THAN THIRTY DAYS AFTER RECEIPT OF AN  APPLICATION  FOR
CLOSURE  OF A NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, THE COMMISSIONER SHALL  SUBMIT
A  WRITTEN  REPORT TO THE COMMUNITY BOARD, THE CITY PLANNING COMMISSION,
THE CITY COUNCIL MEMBER REPRESENTING THE AREA WITHIN WHICH THE  FACILITY
IS  LOCATED,  THE  PRESIDENT OF THE BOROUGH WITHIN WHICH THE FACILITY IS
LOCATED, THE CONGRESSIONAL REPRESENTATIVE FOR THE DISTRICT IN WHICH  THE
FACILITY  IS  LOCATED, THE STATE SENATOR AND THE ASSEMBLY MEMBER REPRES-
ENTING THE AREA WITHIN WHICH THE  FACILITY  IS  LOCATED,  AND  THE  CITY
DEPARTMENT OF HEALTH. SUCH WRITTEN REPORT SHALL INCLUDE:
  (I)  THE  ANTICIPATED IMPACT OF THE NURSING HOME OR RESIDENTIAL HEALTH
CARE FACILITY'S CLOSURE ON ACCESS TO NURSING  CARE  AND  HEALTH  RELATED
SERVICES BY MEMBERS OF THE SURROUNDING COMMUNITIES;
  (II)  SPECIFIC MEASURES THE DEPARTMENT AND OTHER PARTIES HAVE TAKEN OR
WOULD TAKE TO AMELIORATE SUCH ANTICIPATED IMPACT ON THE COMMUNITIES;
  (III) ANY FURTHER RECOMMENDATIONS REGARDING ACCESS TO NURSING CARE AND
HEALTH RELATED SERVICES IN COMMUNITIES IMPACTED BY THE CLOSURE;
  (IV) AN ASSESSMENT OF THE ABILITY OF THE  STATE  TO  ASSUME  FINANCIAL
RESPONSIBILITY OR IDENTIFY AN ALTERNATE OPERATOR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16161-01-6

S. 8208                             2

  (V)  SPECIFIC MEASURES THE DEPARTMENT WILL TAKE TO ENSURE NURSING HOME
AND RESIDENTIAL HEALTHCARE FACILITY RESIDENTS  ARE  LOCATED  AND  TRANS-
FERRED  TO  THE  MOST  INTEGRATED SETTING APPROPRIATE TO THEIR NEEDS AND
CONSISTENT WITH THEIR PREFERENCES; AND
  (VI) COMPLETE COPIES OF THE APPLICATION OR REQUEST FOR CLOSURE.
  (B) THE COMMISSIONER SHALL ALSO MAKE A FULL COPY OF SUCH REPORT AVAIL-
ABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
  (C)  NO  LATER  THAN  THIRTY  DAYS AFTER RECEIPT OF AN APPLICATION FOR
CLOSURE OF A NURSING HOME  OR  RESIDENTIAL  HEALTH  CARE  FACILITY,  THE
COMMISSIONER  SHALL  MAKE AVAILABLE TO THE OPERATOR OF SUCH NURSING HOME
OR RESIDENTIAL HEALTH CARE FACILITY  THE  REPORT  WITH  INSTRUCTIONS  TO
DISPLAY OR POST THE REPORT IN CONSPICUOUS PLACES WITHIN THE NURSING HOME
OR  RESIDENTIAL  HEALTH  CARE  FACILITY  WHERE THE REPORT WILL BE EASILY
VISIBLE TO ALL RESIDENTS AND THEIR FAMILY MEMBERS.
  3. SUCH COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE SENATOR,  ASSEMBLY
MEMBER,  CONGRESSIONAL  REPRESENTATIVE, BOROUGH PRESIDENT, CITY PLANNING
COMMISSION, OR CITY HEALTH DEPARTMENT MAY REVIEW  AND  MAKE  RECOMMENDA-
TIONS  BASED  UPON  SUCH  WRITTEN  REPORT BY THE COMMISSIONER NOT BEFORE
THIRTY DAYS AFTER RECEIPT THEREOF. ANY RECOMMENDATION BY SUCH  COMMUNITY
BOARD, CITY COUNCIL MEMBER, STATE SENATOR, ASSEMBLY MEMBER, CONGRESSION-
AL  REPRESENTATIVE, BOROUGH PRESIDENT, CITY PLANNING COMMISSION, OR CITY
HEALTH DEPARTMENT OF SUCH CITY SHALL BE SUBMITTED TO THE COMMISSIONER.
  4. UPON ANY DECISION BY THE  COMMISSIONER  TO  APPROVE  OR  REJECT  AN
APPLICATION  FOR  CLOSURE  OF  A NURSING HOME OR RESIDENTIAL HEALTH CARE
FACILITY IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE COMMIS-
SIONER SHALL MAKE AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE  A
COMPLETE  COPY  OF  THE  FINAL PLAN FOR CLOSURE AND A DESCRIPTION OF ANY
CHANGES MADE TO THE PROPOSED PLAN AS A  RESULT  OF  THE  RECOMMENDATIONS
SUBMITTED  BY  THE  COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE SENATOR,
ASSEMBLY MEMBER, CONGRESSIONAL REPRESENTATIVE, BOROUGH  PRESIDENT,  CITY
PLANNING  COMMISSION,  CITY  HEALTH  DEPARTMENT  OR MEMBER OF THE PUBLIC
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  5. THE COMMISSIONER MAY ONLY APPROVE THE  APPLICATION  IF  HE  OR  SHE
REASONABLY  DETERMINES  THAT  THE  NEEDS  OF  THE COMMUNITY AND IMPACTED
STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO ACCESS TO  NURSING  CARE  AND
HEALTH  RELATED  SERVICES,  CAN  BE  ADEQUATELY MET. NO CLOSURE SHALL BE
APPROVED BEFORE THIRTY DAYS AFTER THE TIME PERIOD DESCRIBED IN  SUBDIVI-
SION THREE HAS BEEN COMPLETED.
  6.  NO  CLOSURE  OF A NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY
SHALL BE APPROVED UNDER THIS SECTION UNLESS  THE  COMMISSIONER  COMPLIES
WITH THE PROVISIONS OF THIS SECTION.
  7. THE COMMISSIONER SHALL PROMULGATE ANY RULES NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately.

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