assembly Bill A4395A

2017-2018 Legislative Session

Relates to the closure of nursing homes

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to ways and means
Jun 19, 2017 reported referred to ways and means
Jun 15, 2017 reported referred to codes
Jun 09, 2017 print number 4395a
Jun 09, 2017 amend (t) and recommit to health
Feb 02, 2017 referred to health

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A4395 - Details

See Senate Version of this Bill:
S7108
Law Section:
Public Health Law
Laws Affected:
Add §2827, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8208
2019-2020: A710, S4861

A4395 - Summary

Relates to the closure of nursing homes.

A4395 - Bill Text download pdf


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

                                  4395

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2017
                               ___________

Introduced  by  M.  of  A.  NIOU,  ABINANTI,  BARRON, BRINDISI, CARROLL,
  COLTON, CUSICK, DE LA ROSA, DICKENS, DILAN, GLICK, GOTTFRIED,  HEVESI,
  KAVANAGH,  KEARNS, KIM, MOSLEY, ORTIZ, PEOPLES-STOKES, PRETLOW, QUART,
  RICHARDSON,  ROSENTHAL,  SIMON,  SIMOTAS,  ABBATE,   GJONAJ,   LENTOL,
  SEPULVEDA  --  Multi-Sponsored  by -- M. of A. TITONE -- read once and
  referred to the Committee on Health

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:
  § 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;

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A4395A (ACTIVE) - Details

See Senate Version of this Bill:
S7108
Law Section:
Public Health Law
Laws Affected:
Add §2827, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8208
2019-2020: A710, S4861

A4395A (ACTIVE) - Summary

Relates to the closure of nursing homes.

A4395A (ACTIVE) - Bill Text download pdf


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

                                 4395--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2017
                               ___________

Introduced  by  M.  of  A.  NIOU,  ABINANTI,  BARRON, BRINDISI, CARROLL,
  COLTON, CUSICK, DE LA ROSA, DICKENS, DILAN, GLICK, GOTTFRIED,  HEVESI,
  KAVANAGH,  KEARNS, KIM, MOSLEY, ORTIZ, PEOPLES-STOKES, PRETLOW, QUART,
  RICHARDSON,  ROSENTHAL,  SIMON,  SIMOTAS,  ABBATE,   GJONAJ,   LENTOL,
  SEPULVEDA,  JENNE,  PHEFFER AMATO, BLAKE, SEAWRIGHT -- Multi-Sponsored
  by -- M. of A.   HYNDMAN, TITONE -- read  once  and  referred  to  the
  Committee  on  Health  --  committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation  to  the  closure  of
  nursing homes

  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
2827 to read as follows:
  § 2827.  CLOSURE OF NURSING HOMES. 1. IN THE EVENT THAT AN OPERATOR OF
A NURSING HOME ELECTS TO CLOSE THE FACILITY, THE FOLLOWING SHALL APPLY:
  (A) THE OPERATOR SHALL NOTIFY THE DEPARTMENT IN WRITING AT LEAST NINE-
TY DAYS PRIOR TO THE ANTICIPATED DATE OF CLOSURE OF THE NURSING HOME.
  (B)  THE  WRITTEN  NOTICE SHALL INCLUDE A PROPOSED PLAN FOR CLOSURE OF
THE NURSING HOME. THE PLAN SHALL BE SUBJECT TO APPROVAL BY  THE  COMMIS-
SIONER,  INCLUDE  TIMETABLES  FOR  ALL  STEPS IN THE CLOSURE PROCESS AND
DESCRIBE THE PROCEDURES AND ACTIONS THE OPERATOR WILL TAKE TO:
  (I) NOTIFY RESIDENTS OF THE CLOSURE, INCLUDING PROVISIONS  FOR  TERMI-
NATION OF ADMISSION AGREEMENTS AND INVOLUNTARY DISCHARGE;
  (II) ASSESS THE NEEDS AND PREFERENCES OF INDIVIDUAL RESIDENTS;
  (III)  ASSIST  RESIDENTS  IN  LOCATING AND TRANSFERRING TO APPROPRIATE
ALTERNATIVE SETTINGS; AND
  (IV) MAINTAIN COMPLIANCE WITH THESE REGULATIONS  UNTIL  ALL  RESIDENTS
HAVE RELOCATED.
  (C)  COPIES  OF  THE WRITTEN NOTICE SHALL BE CONCURRENTLY DELIVERED TO
THE CHIEF EXECUTIVE OFFICER AND  THE  PRESIDING  OFFICER  OF  THE  LOCAL
LEGISLATIVE BODY OF EACH COUNTY, EXCEPT A COUNTY WHOLLY CONTAINED WITHIN
A  CITY,  TOWN OR VILLAGE IN WHICH THE NURSING HOME IS LOCATED AND, IN A

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