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

Sponsored By

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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Actions

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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 ยง2801-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

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

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