Assembly Bill A3622

2021-2022 Legislative Session

Relates to imposing a nursing home purchase moratorium on those who own or have owned failing facilities

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A3622 (ACTIVE) - Details

See Senate Version of this Bill:
S2705
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2808-e, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4938, S112
2023-2024: A2064, S650

2021-A3622 (ACTIVE) - Summary

Imposes a nursing home purchase moratorium on those who own or have owned failing facilities for twenty-four months since their last violation.

2021-A3622 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3622
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M. of A. HAWLEY, NORRIS -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to imposing a nursing
   home purchase moratorium on those who own or have owned failing facil-
   ities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The legislature recognizes the importance of holding nurs-
 ing homes accountable in order to ensure a high quality  of  care.  This
 body  acknowledges  department  of  health  inspections as the method of
 holding nursing homes to our state's  standards.  The  legislature  also
 recognizes  that  nursing  home  operators  who  receive poor inspection
 grades are not meeting our state's standards.
   The legislature intends  to  bar  failing  nursing  home  owners  from
 acquiring  additional nursing homes in this state until they have demon-
 strated an ability to keep their existing facilities up to standard.
   § 2. The public health law is amended by adding a new  section  2808-e
 to read as follows:
   §  2808-E. NURSING HOME PURCHASING MORATORIUM. 1.  FOR THE PURPOSES OF
 THIS  SECTION,  THE  TERM  "OWNED  FACILITY"  SHALL  MEAN  ANY  FACILITY
 DISCLOSED UNDER SUBDIVISIONS TWO AND THREE OF THIS SECTION.
   2. ANY INDIVIDUAL ATTEMPTING TO PURCHASE A NURSING HOME SHALL DISCLOSE
 TO  THE  DEPARTMENT WHICH EXISTING MEDICAL FACILITIES THAT INDIVIDUAL OR
 THAT INDIVIDUAL'S SPOUSE OWNS WITHIN THE STATE. ADDITIONALLY, SUCH INDI-
 VIDUAL SHALL DISCLOSE WHETHER ANY PARTNERSHIP, CORPORATION, FIRM, SOCIE-
 TY, OR OTHER ENTITY OF WHICH THAT INDIVIDUAL OR THAT INDIVIDUAL'S SPOUSE
 OWNS MORE THAN TEN PERCENT OF OR BY WHICH THE INDIVIDUAL OR  THAT  INDI-
 VIDUAL'S  SPOUSE  IS  EMPLOYED  OWNS  EXISTING MEDICAL FACILITIES IN THE
 STATE.
   3. ANY  PARTNERSHIP,  CORPORATION,  FIRM,  SOCIETY,  OR  OTHER  ENTITY
 ATTEMPTING  TO  PURCHASE A NURSING HOME SHALL DISCLOSE TO THE DEPARTMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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