NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3703
SPONSOR: Epstein (MS) TITLE OF BILL:
An act to amend the public health law, in relation to the closure of
nursing homes
PURPOSE:
To strengthen oversight over nursing homes by creating a transparent
process when nursing homes are threatened in New York City.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new Section to the public health law to
require the nursing home operator to notify the commissioner of the New
York State Department of Health ninety days ahead of an anticipated
closure. The notification shall include a proposed plan, for closure,
subject to the approval of the Commissioner, and describe procedures the
operator will take to notify and assess nursing home residents affected
by the closure. Copies of the written notice shall be concurrently
delivered to the local executive body, legislative body and community
board if applicable where the nursing home is located. Allows the commu-
nity, through the Community Board, local elected officials, and relevant
agencies to respond and make recommendations based upon the report and
gives at least forty-five days to do so. Establishes that the operator
shall take no action to close the nursing home prior to approval by the
commissioner of the plan for closure. Requires the commissioner to make
full copies of the final closure plans available to the public on the
department's website. States that the commissioner shall impose fines
should the operator fail to Comply with any provisions of this section.
Section 2 of the bill establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
1. Renumbered § 2828 to § 2830
JUSTIFICATION:
The "Rivington Act" would strengthen oversight by creating a transparent
process when nursing homes are threatened and requiring the New York
State Department of Health to ensure the local community is notified
before approving any closure. The current closure process in New York
State does not require engagement of the surrounding community, or an
examination of how a facility's closure will impact the broader communi-
ty before a decision for closure is made. Information on a potential
closure cannot even be disclosed to the public prior to a closure being
approved by the New York State Department of Health. Communities have
no ability to comment on the impact of the proposed closure. Notifica-
tion of the sudden closure of Rivington House, a nursing home on
Manhattan's Lower East Side, came in the form of news reports and
rumors, instead of formal communications from the operator or New York
State Department of Health. As a result, the Rivington House closure
proceeded without oversight leading to extensive investigations and a
loss of needed care in its community.
LEGISLATIVE HISTORY:
2021-2022: A2432-A (Niou)/ No same as - referred to ways and means
2019-2020: A710(Niou)/S4861(Kavanagh) - passed Assembly / referred to
health
2017-2018: S7108(Kavanagh)/A4395A (Niou) - referred to health/referred
to ways and means
FISCAL IMPLICATIONS:
Minimal fiscal impact.
EFFECTIVE DATE:
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; provided that, effective immediately, the commis-
sioner of health shall make regulations and take other actions reason-
ably necessary to implement this act on that date.
STATE OF NEW YORK
________________________________________________________________________
3703
2023-2024 Regular Sessions
IN ASSEMBLY
February 7, 2023
___________
Introduced by M. of A. EPSTEIN, CARROLL, COLTON, DICKENS, DILAN, GLICK,
HEVESI, KIM, PEOPLES-STOKES, PRETLOW, L. ROSENTHAL, SIMON,
PHEFFER AMATO, SEAWRIGHT, REYES -- Multi-Sponsored by -- M. of A.
HYNDMAN -- 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:
1 Section 1. The public health law is amended by adding a new section
2 2831 to read as follows:
3 § 2831. Closure of nursing homes. 1. In the event that an operator of
4 a nursing home elects to close the facility, the following shall apply:
5 (a) The operator shall notify the department in writing at least nine-
6 ty days prior to the anticipated date of closure of the nursing home.
7 (b) The written notice shall include a proposed plan for closure of
8 the nursing home. The plan shall be subject to approval by the commis-
9 sioner, include timetables for all steps in the closure process and
10 describe the procedures and actions the operator will take to:
11 (i) notify residents of the closure, including provisions for termi-
12 nation of admission agreements and involuntary discharge;
13 (ii) assess the needs and preferences of individual residents;
14 (iii) assist residents in locating and transferring to appropriate
15 alternative settings; and
16 (iv) maintain compliance with these regulations until all residents
17 have relocated.
18 (c) Copies of the written notice shall be concurrently delivered to
19 the chief executive officer and the presiding officer of the local
20 legislative body of each county, except a county wholly contained within
21 a city, town or village in which the nursing home is located, the facil-
22 ity's residents' council and, in a city of a million or more population,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07204-01-3
A. 3703 2
1 also to the community board in whose district the nursing home is
2 located.
3 (d) If such officer, legislative body or board has cause to suspect or
4 believe that an operator of a nursing home is electing to close a facil-
5 ity for reasons other than the health and safety of the residents, such
6 officer, legislative body or board may:
7 (i) convene closed or public meetings, upon notice to the department
8 and the nursing home operator, that must conclude within forty-five days
9 of the operator's notice;
10 (ii) examine any information relevant to needs of the community and
11 the impact of the closure on stakeholders; and
12 (iii) recommended to the commissioner as to whether the application
13 for closure should be approved, modified or rejected.
14 (e) The closure plan shall be made available to the public.
15 2. (a) The operator shall take no action to close the nursing home
16 prior to approval by the commissioner of the plan for closure.
17 (b) The operator shall not close the nursing home until all residents
18 of the nursing home have transferred to appropriate alternative
19 settings.
20 (c) The operator shall not increase the amount of any fees or charges
21 charged to the residents of the nursing home, their families or their
22 insurance companies, if any, prior to approval of the plan for closure.
23 The operator shall not institute any new fees or charges to the resi-
24 dents of the nursing home, their families or their insurance companies,
25 if any, prior to approval of the plan for closure.
26 (d) The operator shall not accept new residents, admissions, or trans-
27 fers for the nursing home, after the operator has notified the depart-
28 ment that the operator intendeds to close the nursing home, unless (i)
29 each such new resident, admission or transfer is notified prior to
30 acceptance of the intended date of closure, or (ii) the operator's
31 election to close the nursing home has been abandoned.
32 3. As part of the approval of the closure plan, the commissioner and
33 operator shall:
34 (a) create a plan for the maintenance, storage and safekeeping, and
35 ultimate disposition of its patient medical records and provide for the
36 transfer or access to such records to the patients, their treating
37 health care providers, or lawful representatives;
38 (b) create a plan to insure that arrangements for continued care which
39 meet each resident's social, emotional and health needs, to be effectu-
40 ated sixty days prior to closure;
41 (c) implement the approved plans and prompt surrender of the operating
42 certificate upon closure; and
43 (d) make a full copy of such plans available to the public on the
44 department's website and shall update the posting should the plans
45 change.
46 4. Failure of a nursing home operator to comply with any provision of
47 this section or the terms of any agreement with or conditions imposed by
48 the commissioner under this section shall result in the imposition of
49 penalties under this chapter.
50 § 2. This act shall take effect on the first of April after it shall
51 become a law, and shall apply to all closures of nursing homes occurring
52 on or after such effective date and to all closures of nursing homes
53 pending such effective date. Effective immediately, the addition,
54 amendment and/or repeal of any rule or regulation necessary for the
55 implementation of this act on its effective date are authorized to be
56 made and completed on or before such effective date.
