Senate Bill S4275A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4275--A
     Cal. No. 974
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced  by Sens. KAVANAGH, SEPULVEDA, WEBB -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  recommitted  to  the Committee on Health in accordance with Senate
   Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
   first  and second report, amended on second report, ordered to a third
   reading, and to be reprinted as amended, retaining its  place  in  the
   order of third reading
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08071-02-6
 S. 4275--A                          2
 
   (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:
   (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,
 S. 4275--A                          3
 
 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.