S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4861--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2019
                                ___________
 
 Introduced by Sens. KAVANAGH, SEPULVEDA -- read twice and ordered print-
   ed,  and  when  printed  to be committed to the Committee on Health --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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
 2827 to read as follows:
   § 2827.  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02281-03-9
              

 S. 4861--A                          2
 
 ALSO TO THE COMMUNITY BOARD  IN  WHOSE  DISTRICT  THE  NURSING  HOME  IS
 LOCATED.
   (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 commissioner  of
 health  shall  make regulations and take other actions reasonably neces-
 sary to implement this act on that date.