senate Bill S7108

2017-2018 Legislative Session

Relates to the closure of nursing homes

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to health

Co-Sponsors

S7108 (ACTIVE) - Details

See Assembly Version of this Bill:
A4395
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2827, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8208
2019-2020: S4861, A710

S7108 (ACTIVE) - Summary

Relates to the closure of nursing homes.

S7108 (ACTIVE) - Sponsor Memo

S7108 (ACTIVE) - Bill Text download pdf


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

                                  7108

                            I N  S E N A T E

                               (PREFILED)

                             January 3, 2018
                               ___________

Introduced  by Sen. KAVANAGH -- 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  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
CITY OF A MILLION OR MORE POPULATION, ALSO TO  THE  COMMUNITY  BOARD  IN
WHOSE DISTRICT THE NURSING HOME IS LOCATED.
  (D) IF SUCH OFFICER, LEGISLATIVE BODY OR BOARD HAS CAUSE TO SUSPECT OR
BELIEVE THAT AN OPERATOR OF A NURSING HOME IS ELECTING TO CLOSE A FACIL-
ITY  FOR REASONS OTHER THAN THE HEALTH AND SAFETY OF THE RESIDENTS, SUCH
OFFICER, LEGISLATIVE BODY OR BOARD MAY:

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