•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

A05842 Summary:

COSPNSRWeinstein, Steck, Bronson, Simon, Barron, Abinanti, Cook, Anderson, Epstein, Otis, Stirpe, Woerner, Dinowitz, Glick, Vanel, Lunsford, Cahill, Rosenthal L, Pichardo, Richardson, Zebrowski, Thiele, Williams, Bichotte Hermelyn, Carroll, Gallagher, Aubry, Forrest, Nolan, Clark, Colton, Jackson, Perry, Peoples-Stokes, Kelles, Hunter, Jacobson, Burdick, McDonald, Seawright, Reyes, Santabarbara
Add §2802-c, Pub Health L
Prohibits the public health and health planning council and the commissioner of health from approving the establishment, incorporation, construction, or increase in capacity of for-profit nursing homes.
Go to top    

A05842 Actions:

02/26/2021referred to health
03/01/2021reported referred to rules
03/02/2021rules report cal.28
03/02/2021ordered to third reading rules cal.28
03/04/2021passed assembly
03/04/2021delivered to senate
Go to top

A05842 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to the establishment, incorporation, construction, or increase in capacity of for-profit nurs- ing homes   PURPOSE OR GENERAL IDEA OF BILL: To end the establishment or expansion of for-profit nursing homes.   SUMMARY OF SPECIFIC PROVISIONS: Adds a new Public Health Law § 2802-c to prohibit all future establish- ment or expansion of bed capacity of a nursing home owned or operated, in whole or part, by a for-profit entity. Current facilities, and those with applications pending at the time this act was to become law, may proceed. Modifications in the ownership of a previously-approved for- profit nursing home (e.g., deleting or adding a shareholder) would be permitted.   JUSTIFICATION: In recent years, for-profit nursing homes in New York have grown from about one-third of the market to two-thirds. National data shows that for-profit nursing homes score worse on staffing, infection control and other quality indicators. They have higher rates of patient deaths and cost more. The State Attorney General's 2021 report documents that dubi- ous real estate and service contract transactions divert funds from patient care and had a hand in increasing COVID-19 risks to patients. This bill prohibits granting of new for-profit nursing home licenses or expanding the capacity of existing for-profit nursing homes   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately
Go to top

A05842 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 26, 2021
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred 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:
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2802-c to read as follows:
     3    §  2802-c.  No  additional  or  expanded  for-profit nursing homes. 1.
     4  Notwithstanding any provision of  this  article  to  the  contrary,  the
     5  commissioner  and  the council shall not approve or take any action that
     6  would establish, incorporate or approve the construction of any for-pro-
     7  fit nursing home or increase the resident  capacity  of  any  for-profit
     8  nursing home.
     9    2.  However, with respect to a facility that was established, incorpo-
    10  rated or approved for construction as a for-profit nursing home prior to
    11  the effective date of this section, this section shall not  bar  further
    12  action  relating  to the establishment, incorporation or construction of
    13  that facility, provided that the action does not approve or result in an
    14  increase in the resident capacity of that nursing home.
    15    3. As used in this section, "for-profit nursing home" means a  nursing
    16  home owned or operated, in whole or in part, by a for-profit entity.
    17    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
Go to top