S T A T E O F N E W Y O R K
________________________________________________________________________
4275
2025-2026 Regular Sessions
I N S E N A T E
February 3, 2025
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Introduced by Sens. KAVANAGH, SEPULVEDA, WEBB -- 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 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
2832 to read as follows:
§ 2832. 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,
ALSO TO THE COMMUNITY BOARD IN WHOSE DISTRICT THE NURSING HOME IS
LOCATED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08071-01-5
S. 4275 2
(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-
ITY FOR REASONS OTHER THAN THE HEALTH AND SAFETY OF THE RESIDENTS, SUCH
OFFICER, LEGISLATIVE BODY OR BOARD MAY:
(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 NOTICE;
(II) EXAMINE ANY INFORMATION RELEVANT TO NEEDS OF THE COMMUNITY AND
THE IMPACT OF THE CLOSURE ON STAKEHOLDERS; AND
(III) RECOMMENDED TO THE COMMISSIONER AS TO WHETHER THE APPLICATION
FOR CLOSURE SHOULD BE APPROVED, MODIFIED OR REJECTED.
(E) THE CLOSURE PLAN SHALL BE MADE AVAILABLE TO THE PUBLIC.
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
CHARGED TO THE RESIDENTS OF THE NURSING HOME, THEIR FAMILIES OR THEIR
INSURANCE COMPANIES, IF ANY, PRIOR TO APPROVAL OF THE PLAN FOR CLOSURE.
THE OPERATOR SHALL NOT INSTITUTE ANY NEW FEES OR CHARGES TO THE RESI-
DENTS 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 NOTIFIED THE DEPART-
MENT THAT THE OPERATOR INTENDEDS TO CLOSE THE NURSING HOME, UNLESS (I)
EACH SUCH NEW RESIDENT, ADMISSION OR TRANSFER IS NOTIFIED PRIOR TO
ACCEPTANCE OF THE INTENDED DATE OF CLOSURE, OR (II) THE OPERATOR'S
ELECTION TO CLOSE THE NURSING HOME HAS BEEN ABANDONED.
3. AS PART OF THE APPROVAL OF THE CLOSURE PLAN, THE COMMISSIONER AND
OPERATOR SHALL:
(A) CREATE A PLAN FOR THE MAINTENANCE, STORAGE AND SAFEKEEPING, AND
ULTIMATE DISPOSITION OF ITS PATIENT MEDICAL RECORDS AND PROVIDE FOR THE
TRANSFER OR ACCESS TO SUCH RECORDS TO THE PATIENTS, THEIR TREATING
HEALTH CARE PROVIDERS, OR LAWFUL REPRESENTATIVES;
(B) CREATE A PLAN TO INSURE THAT ARRANGEMENTS FOR CONTINUED CARE WHICH
MEET EACH RESIDENT'S SOCIAL, EMOTIONAL AND HEALTH NEEDS, TO BE EFFECTU-
ATED SIXTY DAYS PRIOR TO CLOSURE;
(C) IMPLEMENT THE APPROVED PLANS AND PROMPT SURRENDER OF THE OPERATING
CERTIFICATE UPON CLOSURE; AND
(D) MAKE A FULL COPY OF SUCH PLANS AVAILABLE TO THE PUBLIC ON THE
DEPARTMENT'S WEBSITE AND SHALL UPDATE THE POSTING SHOULD THE PLANS
CHANGE.
4. 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.
§ 2. This act shall take effect on the first of April after it shall
become a law, and shall apply to all closures of nursing homes occurring
on or after such effective date and to all closures of nursing homes
pending such effective date. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.