senate Bill S4861A

2019-2020 Legislative Session

Relates to the closure of nursing homes

download bill text pdf

Sponsored By

Current 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 18, 2019 print number 4861a
Apr 18, 2019 amend and recommit to health
Mar 27, 2019 referred to health

Co-Sponsors

S4861 - Details

See Assembly Version of this Bill:
A710
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
2017-2018: S2036, S7108, A4395

S4861 - Summary

Relates to the closure of nursing homes.

S4861 - Sponsor Memo

S4861 - Bill Text download pdf


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

                                  4861

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 27, 2019
                               ___________

Introduced by Sens. KAVANAGH, SEPULVEDA -- read twice and ordered print-
  ed, 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-

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

Co-Sponsors

S4861A (ACTIVE) - Details

See Assembly Version of this Bill:
A710
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
2017-2018: S2036, S7108, A4395

S4861A (ACTIVE) - Summary

Relates to the closure of nursing homes.

S4861A (ACTIVE) - Sponsor Memo

S4861A (ACTIVE) - Bill Text download pdf


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

                                 4861--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 27, 2019
                               ___________

Introduced by Sens. KAVANAGH, SEPULVEDA -- read twice and ordered print-
  ed,  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:
  § 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, THE FACIL-
ITY'S RESIDENTS' COUNCIL AND, IN A CITY OF A MILLION OR MORE POPULATION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02281-03-9

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