Bill Text: NY A10262 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-03 - print number 10262a [A10262 Detail]

Download: New_York-2023-A10262-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10262

                   IN ASSEMBLY

                                      May 15, 2024
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
          read once and referred 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:

     1    Section 1. Paragraphs (b) and (c) of subdivision 5 of section 2808  of
     2  the public health law, as amended by section 36 of part B of chapter 109
     3  of the laws of 2010, are amended to read as follows:
     4    (b) On and after April first, two thousand ten, no non-public residen-
     5  tial  health  care facility may withdraw equity or transfer assets which
     6  in the aggregate exceed:
     7    (i) three percent of such facility's total reported annual revenue for
     8  patient care services, based on the facility's most  recently  available
     9  reported  data,  without prior written notification to the commissioner;
    10  or
    11    (ii) in the case of a residential health care facility which, over the
    12  two immediately preceding successive quarters, has been  compliant  with
    13  the  minimum  staffing  level requirements prescribed by section twenty-
    14  eight hundred ninety-five-b of this chapter, five percent of such facil-
    15  ity's total reported annual revenue for patient care services, based  on
    16  the  facility's  most  recently  available  reported data, without prior
    17  written notification to the commissioner.  Notification shall be made in
    18  a form acceptable to the department by certified or registered mail.
    19    (c) Notwithstanding any inconsistent provision of this subdivision, on
    20  and after April first,  two  thousand  ten,  no  non-public  residential
    21  health  care facility, whether operated as a for-profit facility or as a
    22  not-for-profit facility, may withdraw equity or transfer assets which in
    23  the aggregate exceed:
    24    (i) three percent of such facility's total reported annual revenue for
    25  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
        A. 10262                            2

     1  reported  data,  without the prior written approval of the commissioner;
     2  or
     3    (ii) in the case of a residential health care facility which, over the
     4  two  immediately  preceding successive quarters, has been compliant with
     5  the minimum staffing level requirements prescribed  by  section  twenty-
     6  eight hundred ninety-five-b of this chapter, five percent of such facil-
     7  ity's  total reported annual revenue for patient care services, based on
     8  the facility's most recently  available  reported  data,  without  prior
     9  written notification to the commissioner.  The commissioner shall make a
    10  determination to approve or disapprove a request for withdrawal of equi-
    11  ty or assets under this subdivision within sixty days of the date of the
    12  receipt  of  a written request from the facility. Requests shall be made
    13  in a form acceptable to the department by certified or registered  mail.
    14  In  reviewing  such requests the commissioner shall consider the facili-
    15  ty's overall financial condition, any indications of financial distress,
    16  whether the facility is delinquent in any payment owed  to  the  depart-
    17  ment,  whether  the  facility  has  been cited for immediate jeopardy or
    18  substandard quality of care, and such other factors as the  commissioner
    19  deems  appropriate. In addition to any other remedy or penalty available
    20  under this chapter, and after opportunity for a hearing, the commission-
    21  er may require replacement of the withdrawn equity  or  assets  and  may
    22  impose  a penalty for violation of the provisions of this subdivision in
    23  an amount not to exceed ten percent  of  any  amount  withdrawn  without
    24  prior approval.
    25    §  2.  Section  2895-b of the public health law is amended by adding a
    26  new subdivision 5 to read as follows:
    27    5. Fines and civil penalties. All fines and civil penalties  collected
    28  by  the  commissioner pursuant to this section shall be deposited into a
    29  nursing home worker recruitment and safety fund established pursuant  to
    30  section ninety-nine-ss of the state finance law which shall be allocated
    31  by the commissioner in a manner which is designed to enhance the quality
    32  of  employment for residential health care facility employees and assist
    33  in the recruitment and safety of residential health care facility staff.
    34    § 3. The state finance law is amended by adding a new section 99-ss to
    35  read as follows:
    36    § 99-ss. Nursing home worker recruitment and safety fund. 1.  There is
    37  hereby established in the joint custody of the commissioner of  taxation
    38  and  finance  and  the  comptroller,  a  special fund to be known as the
    39  "nursing home worker recruitment and safety fund".
    40    2. Money allocated to the nursing home worker recruitment  and  safety
    41  fund  shall  be kept separate and shall not be commingled with any other
    42  funds in the custody of the state comptroller.
    43    3. Such fund shall consist of all fines and civil  penalties  received
    44  by the department of health, pursuant to the provisions of section twen-
    45  ty-eight  hundred  ninety-five-b  of the public health law and all other
    46  moneys appropriated, credited, or transferred  thereto  from  any  other
    47  fund  or source pursuant to law. Nothing contained in this section shall
    48  prevent the state from receiving  grants,  gifts  or  bequests  for  the
    49  purposes of the fund as defined in this section and depositing them into
    50  the  fund  according to law. Any interest received by the comptroller on
    51  moneys on deposit in such fund shall be retained in and become  part  of
    52  such fund.
    53    4.  Moneys  in  such  fund shall be expended only to provide grants to
    54  enhance the quality of employment for residential health  care  facility
    55  employees and assist in the recruitment and safety of residential health
    56  care facility staff.
        A. 10262                            3

     1    5.  Moneys  shall be payable from the fund on the audit and warrant of
     2  the comptroller on vouchers approved or certified by the commissioner of
     3  health, or by an officer or employee of the department of health  desig-
     4  nated by the commissioner.
     5    § 4. This act shall take effect immediately.