Senate Bill S9599A

2023-2024 Legislative Session

Authorizes increased equity withdrawals by certain non-public residential health care facilities

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Current Bill Status - In Senate Committee Health Committee


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

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Bill Amendments

2023-S9599 - Details

See Assembly Version of this Bill:
A10262
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2808 & 2895-b, Pub Health L; add §99-ss, St Fin L

2023-S9599 - Summary

Authorizes increased equity withdrawals by certain non-public residential health care facilities; establishes the nursing home worker recruitment and safety fund.

2023-S9599 - Sponsor Memo

2023-S9599 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9599
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to equity withdrawals
   by non-public residential health care facilities;  and  to  amend  the
   state finance law, in relation to establishing the nursing home worker
   recruitment and safety fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (b) and (c) of subdivision 5 of section 2808  of
 the public health law, as amended by section 36 of part B of chapter 109
 of the laws of 2010, are amended to read as follows:
   (b) On and after April first, two thousand ten, no non-public residen-
 tial  health  care facility may withdraw equity or transfer assets which
 in the aggregate exceed:
   (I) three percent of such facility's total reported annual revenue for
 patient care services, based on the facility's most  recently  available
 reported  data,  without prior written notification to the commissioner;
 OR
   (II) IN THE CASE OF A RESIDENTIAL HEALTH CARE FACILITY WHICH, OVER THE
 TWO IMMEDIATELY PRECEDING SUCCESSIVE QUARTERS, HAS BEEN  COMPLIANT  WITH
 THE  MINIMUM  STAFFING  LEVEL REQUIREMENTS PRESCRIBED BY SECTION TWENTY-
 EIGHT HUNDRED NINETY-FIVE-B OF THIS CHAPTER, FIVE PERCENT OF SUCH FACIL-
 ITY'S TOTAL REPORTED ANNUAL REVENUE FOR PATIENT CARE SERVICES, BASED  ON
 THE  FACILITY'S  MOST  RECENTLY  AVAILABLE  REPORTED DATA, WITHOUT PRIOR
 WRITTEN NOTIFICATION TO THE COMMISSIONER.  Notification shall be made in
 a form acceptable to the department by certified or registered mail.
   (c) Notwithstanding any inconsistent provision of this subdivision, on
 and after April first,  two  thousand  ten,  no  non-public  residential
 health  care facility, whether operated as a for-profit facility or as a
 not-for-profit facility, may withdraw equity or transfer assets which in
 the aggregate exceed:
   (I) three percent of such facility's total reported annual revenue for
 patient care services, based on the facility's most  recently  available
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15278-01-4
              

2023-S9599A (ACTIVE) - Details

See Assembly Version of this Bill:
A10262
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2808 & 2895-b, Pub Health L; add §99-ss, St Fin L

2023-S9599A (ACTIVE) - Summary

Authorizes increased equity withdrawals by certain non-public residential health care facilities; establishes the nursing home worker recruitment and safety fund.

2023-S9599A (ACTIVE) - Sponsor Memo

2023-S9599A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9599--A
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, 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 equity withdrawals
   by  non-public  residential  health  care facilities; and to amend the
   state finance law, in relation to establishing the nursing home worker
   recruitment and safety fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraphs (b) and (c) of subdivision 5 of section 2808 of
 the public health law, as amended by section 36 of part B of chapter 109
 of the laws of 2010, are amended to read as follows:
   (b) On and after April first, two thousand ten, no non-public residen-
 tial health care facility may withdraw equity or transfer  assets  which
 in the aggregate exceed:
   (I) three percent of such facility's total reported annual revenue for
 patient  care  services, based on the facility's most recently available
 reported data, without prior written notification to  the  commissioner;
 OR
   (II) IN THE CASE OF A RESIDENTIAL HEALTH CARE FACILITY WHICH, OVER THE
 TWO  IMMEDIATELY  PRECEDING SUCCESSIVE QUARTERS, HAS BEEN COMPLIANT WITH
 THE MINIMUM STAFFING LEVEL REQUIREMENTS PRESCRIBED  BY  SECTION  TWENTY-
 EIGHT HUNDRED NINETY-FIVE-B OF THIS CHAPTER, FIVE PERCENT OF SUCH FACIL-
 ITY'S  TOTAL REPORTED ANNUAL REVENUE FOR PATIENT CARE SERVICES, BASED ON
 THE FACILITY'S MOST RECENTLY  AVAILABLE  REPORTED  DATA,  WITHOUT  PRIOR
 WRITTEN NOTIFICATION TO THE COMMISSIONER.  Notification shall be made in
 a form acceptable to the department by certified or registered mail.
   (c) Notwithstanding any inconsistent provision of this subdivision, on
 and  after  April  first,  two  thousand  ten, no non-public residential
 health care facility, whether operated as a for-profit facility or as  a
 not-for-profit facility, may withdraw equity or transfer assets which in
 the aggregate exceed:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15278-02-4
              

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