S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2847
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced by Sens. KAVANAGH, SEPULVEDA -- read twice and ordered print-
   ed, and when printed to be committed 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:

   Section  1.  The  public health law is amended by adding a new section
 2828 to read as follows:
   § 2828.  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,
 ALSO TO THE COMMUNITY BOARD  IN  WHOSE  DISTRICT  THE  NURSING  HOME  IS
 LOCATED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04645-01-1
              

 S. 2847                             2
 
   (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.