S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4938
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced by M. of A. HAWLEY -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to imposing a nursing
   home purchase moratorium on those who own or have owned failing facil-
   ities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislature recognizes the importance of holding  nurs-
 ing  homes  accountable  in order to ensure a high quality of care. This
 body acknowledges department of health  inspections  as  the  method  of
 holding  nursing  homes  to  our state's standards. The legislature also
 recognizes that nursing  home  operators  who  receive  poor  inspection
 grades are not meeting our state's standards.
   The  legislature  intends  to  bar  failing  nursing  home owners from
 acquiring additional nursing homes in this state until they have  demon-
 strated an ability to keep their existing facilities up to standard.
   §  2.  The public health law is amended by adding a new section 2808-e
 to read as follows:
   § 2808-E. NURSING HOME PURCHASING MORATORIUM. 1.  FOR THE PURPOSES  OF
 THIS  SECTION,  THE  TERM  "OWNED  FACILITY"  SHALL  MEAN  ANY  FACILITY
 DISCLOSED UNDER SUBDIVISIONS TWO AND THREE OF THIS SECTION.
   2. ANY INDIVIDUAL ATTEMPTING TO PURCHASE A NURSING HOME SHALL DISCLOSE
 TO THE DEPARTMENT WHICH EXISTING MEDICAL FACILITIES THAT  INDIVIDUAL  OR
 THAT INDIVIDUAL'S SPOUSE OWNS WITHIN THE STATE. ADDITIONALLY, SUCH INDI-
 VIDUAL SHALL DISCLOSE WHETHER ANY PARTNERSHIP, CORPORATION, FIRM, SOCIE-
 TY, OR OTHER ENTITY OF WHICH THAT INDIVIDUAL OR THAT INDIVIDUAL'S SPOUSE
 OWNS  MORE  THAN TEN PERCENT OF OR BY WHICH THE INDIVIDUAL OR THAT INDI-
 VIDUAL'S SPOUSE IS EMPLOYED OWNS  EXISTING  MEDICAL  FACILITIES  IN  THE
 STATE.
   3.  ANY  PARTNERSHIP,  CORPORATION,  FIRM,  SOCIETY,  OR  OTHER ENTITY
 ATTEMPTING TO PURCHASE A NURSING HOME SHALL DISCLOSE TO  THE  DEPARTMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05389-01-9

 A. 4938                             2
 
 ANY  OWNERSHIP  OF  EXISTING  MEDICAL  FACILITIES  IN THE STATE.   ADDI-
 TIONALLY, SUCH PARTNERSHIP, CORPORATION, FIRM, SOCIETY, OR OTHER  ENTITY
 SHALL  DISCLOSE  TO THE DEPARTMENT WHICH MEDICAL FACILITIES ARE OWNED BY
 ALL  INDIVIDUALS OR SPOUSES OF INDIVIDUALS WHO OWN MORE THAN TEN PERCENT
 OF SUCH ENTITY.
   4. THE DEPARTMENT SHALL REVIEW STANDARD  HEALTH  INSPECTION  AND  LIFE
 SAFETY HEALTH INSPECTION RECORDS FOR ALL OF AN APPLICANT'S OWNED FACILI-
 TIES.
   5.  IN  THE  EVENT THAT ONE OR MORE OF AN APPLICANT'S OWNED FACILITIES
 HAS BEEN CITED FOR NONCOMPLIANCE IN A STANDARD HEALTH INSPECTION OR LIFE
 SAFETY HEALTH INSPECTION, THAT  APPLICANT  SHALL  NOT  BE  PERMITTED  TO
 PURCHASE  A  NURSING  HOME  WITHIN THE STATE UNTIL THE OWNED FACILITY OR
 FACILITIES IN VIOLATION HAVE BEEN PROVEN TO BE IN COMPLIANCE  FOR  TWEN-
 TY-FOUR CONSECUTIVE MONTHS.
   6.  IN  THE EVENT THAT ONE OR MORE OWNED FACILITIES HAS BEEN CITED FOR
 NONCOMPLIANCE IN A STANDARD HEALTH  INSPECTION  OR  LIFE  SAFETY  HEALTH
 INSPECTION  AND  THE  OWNING INDIVIDUAL, PARTNERSHIP, CORPORATION, FIRM,
 SOCIETY, OR OTHER ENTITY SELLS THE CITED OWNED FACILITY OR  RELINQUISHES
 ITS  OWNERSHIP STAKE IN THE CITED OWNED FACILITY, THAT INDIVIDUAL, PART-
 NERSHIP, CORPORATION, FIRM,  SOCIETY,  OR  OTHER  ENTITY  SHALL  NOT  BE
 PERMITTED  TO PURCHASE A NURSING HOME WITHIN THE STATE UNTIL TWENTY-FOUR
 MONTHS HAVE ELAPSED SINCE THE CHANGE IN OWNERSHIP STATUS AND  THE  INDI-
 VIDUAL  OR  FIRM  PAYS  TO  THE DEPARTMENT A COMPLIANCE FEE EQUAL TO THE
 AMOUNT OF FINES IMPOSED AT THE TIME OF CITATION.
   7. ALL MONIES COLLECTED BY THE DEPARTMENT UNDER THE PROVISIONS OF THIS
 LAW SHALL BE MADE AVAILABLE FOR USE BY THE DEPARTMENT FOR  THE  PURPOSES
 OF EXECUTING THIS LAW.
   § 3. This act shall take effect immediately.