Assembly Bill A6034B

Vetoed By Governor
2023-2024 Legislative Session

Expands the scope of the temporary operator program

download bill text pdf

Sponsored By

Current Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A6034 - Details

See Senate Version of this Bill:
S9131
Law Section:
Public Health Law
Laws Affected:
Amd §2806-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A6964

2023-A6034 - Summary

Expands the scope of the temporary operator program permitting the commissioner of health to appoint an operator if a facility experiences serious financial instability or conditions that seriously endanger the life, health or safety of residents or patients.

2023-A6034 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6034
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  BICHOTTE HERMELYN  -- read once and
   referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the scope  of  the
   temporary  operator  law;  and to amend chapter 56 of the laws of 2013
   amending the public health law relating to the general  public  health
   work  program, in relation to making the temporary operator provisions
   permanent
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 2806-a of the public health law,
 as added by section 50 of part E of chapter 56  of  the  laws  of  2013,
 paragraph  (g) as added by section 7 of part K of chapter 57 of the laws
 of 2015, is amended to read as follows:
   1. For the purposes of this section:
   (a) "adult care facility" shall mean an adult home or enriched housing
 program licensed pursuant to article seven of the social services law or
 an assisted living residence licensed pursuant to article forty-six-B of
 this chapter;
   (b) "established operator" shall mean the operator of [an adult  care]
 A  facility[,  a  general  hospital or a diagnostic and treatment center
 that has been established and issued an operating  certificate  as  such
 pursuant to this article];
   (c)  "facility"  shall  mean (i) a [general] hospital [or a diagnostic
 and treatment center that has been issued an  operating  certificate  as
 such pursuant to this article]; or (ii) an adult care facility;
   (d) "temporary operator" shall mean any person or entity that:
   (i)  agrees  to  operate  a  facility on a temporary basis in the best
 interests of its residents or patients and the community served  by  the
 facility; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10407-01-3
 A. 6034                             2

co-Sponsors

2023-A6034A - Details

See Senate Version of this Bill:
S9131
Law Section:
Public Health Law
Laws Affected:
Amd §2806-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A6964

2023-A6034A - Summary

Expands the scope of the temporary operator program permitting the commissioner of health to appoint an operator if a facility experiences serious financial instability or conditions that seriously endanger the life, health or safety of residents or patients.

2023-A6034A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6034--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  BICHOTTE HERMELYN  -- read once and
   referred to the Committee on  Health  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public health law,  in  relation  to  expanding  the
   scope of the temporary operator program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2806-a of the public  health  law,
 as  added  by  section  50  of part E of chapter 56 of the laws of 2013,
 paragraph (g) as added by section 7 of part K of chapter 57 of the  laws
 of 2015, is amended to read as follows:
   1. For the purposes of this section:
   (a) "adult care facility" shall mean an adult home or enriched housing
 program licensed pursuant to article seven of the social services law or
 an assisted living residence licensed pursuant to article forty-six-B of
 this chapter;
   (b)  "established operator" shall mean the operator of [an adult care]
 A facility[, a general hospital or a  diagnostic  and  treatment  center
 that  has  been  established and issued an operating certificate as such
 pursuant to this article];
   (c) "facility" shall mean (i) a [general] hospital  [or  a  diagnostic
 and  treatment  center  that has been issued an operating certificate as
 such pursuant to this article]; or (ii) an adult care facility;
   (d) "temporary operator" shall mean any person or entity that:
   (i) agrees to operate a facility on a  temporary  basis  in  the  best
 interests  of  its residents or patients and the community served by the
 facility; and
   (ii) has demonstrated that he or she has the character, competence and
 financial ability to operate the facility in compliance with  applicable
 standards;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10407-02-3

co-Sponsors

2023-A6034B (ACTIVE) - Details

See Senate Version of this Bill:
S9131
Law Section:
Public Health Law
Laws Affected:
Amd §2806-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A6964

2023-A6034B (ACTIVE) - Summary

Expands the scope of the temporary operator program permitting the commissioner of health to appoint an operator if a facility experiences serious financial instability or conditions that seriously endanger the life, health or safety of residents or patients.

2023-A6034B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6034--B
                                                         Cal. No. 172
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, BICHOTTE HERMELYN, SAYEGH -- read once
   and referred to the Committee on Health -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- ordered to a third reading -- passed by Assembly and  delivered
   to  the  Senate,  recalled  from  the  Senate, vote reconsidered, bill
   amended, ordered reprinted, retaining its place on the order of  third
   reading
 
 AN  ACT  to  amend  the  public health law, in relation to expanding the
   scope of the temporary operator program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 2806-a of the public health law,
 as added by section 50 of part E of chapter 56  of  the  laws  of  2013,
 paragraph  (g) as added by section 7 of part K of chapter 57 of the laws
 of 2015, is amended to read as follows:
   1. For the purposes of this section:
   (a) "adult care facility" shall mean an adult home or enriched housing
 program licensed pursuant to article seven of the social services law or
 an assisted living residence licensed pursuant to article forty-six-B of
 this chapter;
   (b) "established operator" shall mean the operator of [an adult  care]
 A  facility[,  a  general  hospital or a diagnostic and treatment center
 that has been established and issued an operating  certificate  as  such
 pursuant to this article];
   (c)  "facility"  shall  mean (i) a [general] hospital [or a diagnostic
 and treatment center that has been issued an  operating  certificate  as
 such pursuant to this article]; or (ii) an adult care facility;
   (d) "temporary operator" shall mean any person or entity that:
   (i)  agrees  to  operate  a  facility on a temporary basis in the best
 interests of its residents or patients and the community served  by  the
 facility; and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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