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Assembly Bill A5842

2021-2022 Legislative Session

Relates to the establishment, incorporation, construction, or increase in capacity of for-profit nursing homes

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Archive: Last Bill Status - In Senate Committee Health Committee

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2021-A5842 (ACTIVE) - Details

See Senate Version of this Bill:
S5269
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2802-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2023-2024: A7186, S2929
2025-2026: A7192, S1968

2021-A5842 (ACTIVE) - Summary

Prohibits the public health and health planning council and the commissioner of health from approving the establishment, incorporation, construction, or increase in capacity of for-profit nursing homes.

2021-A5842 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5842
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to the establishment,
   incorporation, construction, or increase  in  capacity  of  for-profit
   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
 2802-c to read as follows:
   §  2802-C.  NO  ADDITIONAL  OR  EXPANDED  FOR-PROFIT NURSING HOMES. 1.
 NOTWITHSTANDING ANY PROVISION OF  THIS  ARTICLE  TO  THE  CONTRARY,  THE
 COMMISSIONER  AND  THE COUNCIL SHALL NOT APPROVE OR TAKE ANY ACTION THAT
 WOULD ESTABLISH, INCORPORATE OR APPROVE THE CONSTRUCTION OF ANY FOR-PRO-
 FIT NURSING HOME OR INCREASE THE RESIDENT  CAPACITY  OF  ANY  FOR-PROFIT
 NURSING HOME.
   2.  HOWEVER, WITH RESPECT TO A FACILITY THAT WAS ESTABLISHED, INCORPO-
 RATED OR APPROVED FOR CONSTRUCTION AS A FOR-PROFIT NURSING HOME PRIOR TO
 THE EFFECTIVE DATE OF THIS SECTION, THIS SECTION SHALL NOT  BAR  FURTHER
 ACTION  RELATING  TO THE ESTABLISHMENT, INCORPORATION OR CONSTRUCTION OF
 THAT FACILITY, PROVIDED THAT THE ACTION DOES NOT APPROVE OR RESULT IN AN
 INCREASE IN THE RESIDENT CAPACITY OF THAT NURSING HOME.
   3. AS USED IN THIS SECTION, "FOR-PROFIT NURSING HOME" MEANS A  NURSING
 HOME OWNED OR OPERATED, IN WHOLE OR IN PART, BY A FOR-PROFIT ENTITY.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10074-01-1

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