S T A T E O F N E W Y O R K
________________________________________________________________________
1968
2025-2026 Regular Sessions
I N S E N A T E
January 14, 2025
___________
Introduced by Sens. RIVERA, BRISPORT, SALAZAR -- 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 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.
LBD03420-01-5