Assembly Bill A11326

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11326
 
                           I N  A S S E M B L Y
 
                               May 11, 2026
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lee) -- read
   once and referred 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
 2833 to read as follows:
   § 2833.  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 SUBMIT WRITTEN  NOTICE  TO  THE  DEPARTMENT  AT
 LEAST  NINETY DAYS PRIOR TO THE ANTICIPATED DATE OF CLOSURE OF THE NURS-
 ING 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, AND SHALL INCLUDE TIMETABLES FOR ALL STEPS IN THE CLOSURE  PROC-
 ESS  AND  DESCRIPTIONS  OF  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 THE PROVISIONS OF THIS SECTION AND OTHER
 APPLICABLE LAWS AND REGULATIONS UNTIL ALL RESIDENTS HAVE RELOCATED.
   (C) COPIES OF THE WRITTEN NOTICE SHALL BE CONCURRENTLY DELIVERED TO:
   (I) THE CHIEF EXECUTIVE OFFICER AND THE PRESIDING OFFICER OF THE LOCAL
 LEGISLATIVE BODY OF EACH COUNTY, CITY, TOWN  OR  VILLAGE  IN  WHICH  THE
 NURSING HOME IS LOCATED, EXCEPT A COUNTY WHOLLY CONTAINED WITHIN A CITY;
   (II) THE NURSING HOME'S RESIDENTS' COUNCIL; AND
   (III)  IN  A CITY WITH A POPULATION OF ONE MILLION OR MORE PEOPLE, THE
 COMMUNITY BOARD IN WHOSE DISTRICT THE NURSING HOME IS LOCATED.    COPIES
 OF  THE WRITTEN NOTICE SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC ON THE
 DEPARTMENT'S WEBSITE, AND THE FACILITY'S WEBSITE IF IT  OTHERWISE  MAIN-
 TAINS A WEBSITE.
   (D) SUCH OFFICER, LEGISLATIVE BODY OR BOARD MAY:
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08071-03-6
 A. 11326                            2
 
   (I)  CONVENE  CLOSED OR PUBLIC MEETINGS, UPON NOTICE TO THE DEPARTMENT
 AND THE NURSING HOME OPERATOR, THAT MUST CONCLUDE WITHIN FORTY-FIVE DAYS
 OF THE OPERATOR'S PROPOSED NOTICE OF CLOSURE;
   (II)  EXAMINE  ANY  INFORMATION RELEVANT TO NEEDS OF THE COMMUNITY AND
 THE IMPACT OF THE CLOSURE ON STAKEHOLDERS; AND
   (III) MAKE A NON-BINDING RECOMMENDATION  TO  THE  COMMISSIONER  AS  TO
 WHETHER  THE  APPLICATION  FOR  CLOSURE  SHOULD BE APPROVED, MODIFIED OR
 REJECTED.
   2. (A) THE OPERATOR SHALL TAKE NO ACTION TO  CLOSE  THE  NURSING  HOME
 PRIOR TO APPROVAL BY THE COMMISSIONER OF THE PLAN FOR CLOSURE.
   (B)  THE OPERATOR SHALL NOT CLOSE THE NURSING HOME UNTIL ALL RESIDENTS
 OF  THE  NURSING  HOME  HAVE  TRANSFERRED  TO  APPROPRIATE   ALTERNATIVE
 SETTINGS.
   (C)  THE OPERATOR SHALL NOT INCREASE THE AMOUNT OF ANY FEES OR CHARGES
 OR INSTITUTE ANY NEW FEES OR CHARGES PAYABLE BY  THE  RESIDENTS  OF  THE
 NURSING HOME, THEIR FAMILIES OR THEIR INSURANCE COMPANIES, IF ANY, PRIOR
 TO APPROVAL OF THE PLAN FOR CLOSURE.
   (D) THE OPERATOR SHALL NOT ACCEPT NEW RESIDENTS, ADMISSIONS, OR TRANS-
 FERS  FOR  THE  NURSING  HOME,  AFTER THE OPERATOR HAS SUBMITTED WRITTEN
 NOTICE TO THE DEPARTMENT THAT THE OPERATOR INTENDS TO CLOSE THE  NURSING
 HOME,  UNLESS (I) EACH SUCH NEW RESIDENT, ADMISSION OR TRANSFER IS NOTI-
 FIED PRIOR TO ACCEPTANCE OF THE INTENDED DATE OF CLOSURE,  OR  (II)  THE
 OPERATOR'S ELECTION TO CLOSE THE NURSING HOME HAS BEEN ABANDONED.
   3.    THE COMMISSIONER MAY APPROVE, MODIFY OR REJECT THE PROPOSED PLAN
 FOR CLOSURE AND MAY IMPOSE CONDITIONS ON ANY APPROVAL. AN APPROVED  PLAN
 FOR CLOSURE SHALL:
   (A)  SPECIFY ANY MODIFICATIONS THE DEPARTMENT REQUIRES TO THE PROPOSED
 PLAN FOR CLOSURE;
   (B) PROVIDE FOR THE MAINTENANCE, STORAGE,  SAFEKEEPING,  AND  ULTIMATE
 DISPOSITION  OF  PATIENT  MEDICAL RECORDS AND PROVIDE FOR TRANSFER OF OR
 ACCESS TO SUCH RECORDS TO  THE  PATIENTS,  THEIR  TREATING  HEALTH  CARE
 PROVIDERS, OR LAWFUL REPRESENTATIVES; AND
   (C)  INCLUDE  A  PLAN  TO  ENSURE  THAT  ARRANGEMENTS WILL BE MADE FOR
 CONTINUED CARE THAT MEETS EACH RESIDENT'S SOCIAL, EMOTIONAL  AND  HEALTH
 NEEDS.
   4.  THE  DEPARTMENT SHALL MAKE A FULL COPY OF AN APPROVED CLOSURE PLAN
 AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE AND SHALL UPDATE THE
 POSTING SHOULD THE PLANS CHANGE.
   5. FAILURE OF A NURSING HOME OPERATOR TO COMPLY WITH ANY PROVISION  OF
 THIS SECTION OR THE TERMS OF ANY AGREEMENT WITH OR CONDITIONS IMPOSED BY
 THE  COMMISSIONER  UNDER  THIS SECTION SHALL RESULT IN THE IMPOSITION OF
 PENALTIES UNDER THIS CHAPTER.
   6. NOTHING IN THIS SECTION SHALL PREVENT THE COMMISSIONER FROM  ORDER-
 ING  OR  EXPEDITING  TEMPORARY OR PERMANENT CLOSURE OF A NURSING HOME IF
 THE COMMISSIONER DEEMS SUCH CLOSURE NECESSARY TO PROTECT THE HEALTH  AND
 SAFETY  OF  THE  RESIDENTS  DUE  TO  THE  OPERATOR'S FINANCIAL DISTRESS,
 MISMANAGEMENT, OR MALFEASANCE, OR OTHER FACTORS THAT CAUSE THE  OPERATOR
 TO BE UNABLE TO SAFELY OPERATE THE NURSING HOME.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 become a law, and shall apply to all closures of nursing homes occurring
 ninety days or more after such effective date.   Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.