senate Bill S2036

2017-2018 Legislative Session

Relates to the closure of nursing homes

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Sponsored By

Current Bill Status -


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2017 print number 2036a
amend (t) and recommit to health
Apr 25, 2017 defeated in health
Mar 03, 2017 notice of committee consideration - requested
Jan 11, 2017 referred to health

Votes

view votes

Apr 25, 2017 - Health committee Vote

S2036
5
11
committee
5
Aye
11
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: Apr 25, 2017

aye wr (1)

S2036 - Details

Law Section:
Public Health Law
Laws Affected:
Add §2801-h, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S8208

S2036 - Summary

Relates to the closure of nursing homes.

S2036 - Sponsor Memo

S2036 - Bill Text download pdf

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

                                  2036

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 11, 2017
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed 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:
  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00448-02-7

S2036A (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Add §2801-h, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S8208

S2036A (ACTIVE) - Summary

Relates to the closure of nursing homes.

S2036A (ACTIVE) - Sponsor Memo

S2036A (ACTIVE) - Bill Text download pdf

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

                                 2036--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 11, 2017
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed  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:
  S 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
CITY  OF  A  MILLION  OR MORE POPULATION, ALSO TO THE COMMUNITY BOARD IN
WHOSE DISTRICT THE NURSING HOME IS LOCATED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00448-03-7

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