Bill Text: NY S09025 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires operators of nursing homes and residential health care facilities to provide notification of certain contracts and agreements to all residents, representatives, staff and the office of the long-term care ombudsman.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-12-07 - PRINT NUMBER 9025A [S09025 Detail]
Download: New_York-2019-S09025-Introduced.html
Bill Title: Requires operators of nursing homes and residential health care facilities to provide notification of certain contracts and agreements to all residents, representatives, staff and the office of the long-term care ombudsman.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-12-07 - PRINT NUMBER 9025A [S09025 Detail]
Download: New_York-2019-S09025-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9025 IN SENATE October 5, 2020 ___________ Introduced by Sens. RIVERA, MAY, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to requirements for residential health care facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2 and 3 of section 2801-a of the public 2 health law, as amended by section 57 of part A of chapter 58 of the laws 3 of 2010, are amended to read as follows: 4 2. With respect to the incorporation or establishment of any hospital, 5 as defined in this article, the public health and health planning coun- 6 cil shall give written approval after all of the following requirements 7 have been met. An application for approval of the proposed certificate 8 of incorporation, articles of organization or establishment shall be 9 filed with the public health and health planning council together with 10 such other forms and information as shall be prescribed by, or accepta- 11 ble to, the public health and health planning council. Thereafter, the 12 public health and health planning council shall (a) provide notice to 13 the public, nursing homes residents and their representatives, staff and 14 their representatives, and the state office of the long-term care 15 ombudsman and the regional office having geographical jurisdiction of 16 the area where the proposed institution is to be located of the proposed 17 certificate or application on the department's website within thirty 18 days of receipt; provide a mechanism to submit written comments elec- 19 tronically on the proposed certificate or application to the public 20 health and health planning council; and provide at least ninety days for 21 such comment period, and (b) forward a copy of the proposed certificate 22 or application for establishment, and accompanying documents, to the 23 health systems agency, if any, having geographical jurisdiction of the 24 area where the proposed institution is to be located and to the state 25 office of the long-term care ombudsman and the regional office having 26 geographical jurisdiction of the area where the proposed institution is 27 to be located within thirty days of receipt. The public health and 28 health planning council shall act upon such application after the health EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17311-03-0S. 9025 2 1 systems agency [has], office of the state long-term care ombudsman, 2 regional office and the public have had a reasonable time, but not less 3 than ninety days, to submit their recommendations. At the time members 4 of the public health and health planning council are notified that an 5 application is scheduled for consideration, the applicant, the public, 6 the state office of the long-term care ombudsman, the regional offices, 7 and the health systems agency shall be so notified in writing which may 8 be through electronic means. The public health and health planning coun- 9 cil shall afford the applicant an opportunity to present information in 10 person concerning the application to a committee designated by the coun- 11 cil. The public health and health planning council shall not take any 12 action contrary to the advice of the health systems agency, the public, 13 the state office of the long-term care ombudsman or the regional office 14 until it affords [to the health systems agency] them an opportunity to 15 request a public hearing and, if so requested, a public hearing shall be 16 held. If the public health and health planning council proposes to 17 disapprove the application it shall afford the applicant an opportunity 18 to request a public hearing. The public health and health planning coun- 19 cil may hold a public hearing on the application on its own motion. Any 20 public hearing held pursuant to this subdivision may be conducted by the 21 public health and health planning council, or by any individual desig- 22 nated by the public health and health planning council. Beginning on 23 January first, nineteen hundred ninety-four, and each year thereafter, a 24 complete application received between January first and June thirtieth 25 of each year shall be reviewed by the appropriate health systems agency 26 and the department and presented to the public health and health plan- 27 ning council for its consideration prior to June thirtieth of the 28 following year and a complete application received between July first 29 and December thirty-first of each year shall be reviewed by the appro- 30 priate health systems agency and the department presented to the public 31 health and health planning council for consideration prior to December 32 thirty-first of the following year. 33 3. The public health and health planning council shall not approve a 34 certificate of incorporation, articles of organization or application 35 for establishment unless it is satisfied, insofar as applicable, as to 36 (a) the public need for the existence of the institution at the time and 37 place and under the circumstances proposed, provided, however, that in 38 the case of an institution proposed to be established or operated by an 39 organization defined in subdivision one of section one hundred seventy- 40 two-a of the executive law, the needs of the members of the religious 41 denomination concerned, for care or treatment in accordance with their 42 religious or ethical convictions, shall be deemed to be public need; (b) 43 the character, competence, and standing in the community, of the 44 proposed incorporators, directors, sponsors, stockholders, members or 45 operators; with respect to any proposed incorporator, director, sponsor, 46 stockholder, member or operator who is already or within the past ten 47 years has been an incorporator, director, sponsor, member, principal 48 stockholder, principal member, or operator of any hospital, private 49 proprietary home for adults, residence for adults, or non-profit home 50 for the aged or blind which has been issued an operating certificate by 51 the state department of social services, or a halfway house, hostel or 52 other residential facility or institution for the care, custody or 53 treatment of the mentally disabled which is subject to approval by the 54 department of mental hygiene, no approval shall be granted unless the 55 public health and health planning council, having afforded an adequate 56 opportunity of not less than ninety days to members of the public, resi-S. 9025 3 1 dents and their representatives, staff and their representatives, the 2 state office of the long-term care ombudsman, the regional offices, and 3 members of health systems agencies, if any, having geographical juris- 4 diction of the area where the institution is to be located to be heard, 5 to comment through the department's website and through other means on 6 the application, the character and competency of the individuals apply- 7 ing, and/or the consistently high level of care that has or has not been 8 rendered, shall affirmatively find by substantial evidence as to each 9 such incorporator, director, sponsor, principal stockholder or operator 10 that a substantially consistent high level of care is being or was being 11 rendered in each such hospital, home, residence, halfway house, hostel, 12 or other residential facility or institution with which such person is 13 or was affiliated; for the purposes of this paragraph, the public health 14 and health planning council shall adopt rules and regulations, subject 15 to the approval of the commissioner, to establish the criteria to be 16 used to determine whether a substantially consistent high level of care 17 has been rendered, provided, however, that there shall not be a finding 18 that a substantially consistent high level of care has been rendered by 19 an applicant where one or more individuals or entities with a five 20 percent or greater ownership interest in the applicant has a five 21 percent or greater ownership interest in a facility located in the 22 United States that has on average for any of the four most recent quar- 23 ters, three hours or less total direct care staff time per resident per 24 day or less than one-half hour per resident per day registered nurse 25 staffing, as published by the Center for Medicare and Medicaid Services 26 in the federal center for Medicare and Medicaid Services' (CMS) payroll 27 based journal data or where there have been violations of the state 28 [hospital] or federal nursing home code, or other applicable rules and 29 regulations, that (i) threatened to directly affect the health, safety 30 or welfare of any patient or resident, including but not limited to a 31 finding of immediate jeopardy, or actual harm, and (ii) were recurrent 32 or were not promptly corrected, including but not limited to repeat 33 deficiencies for the same or similar violations over a three year period 34 or during the entire duration of ownership if less than three years, or 35 (iii) any facility which has received a Double G citation issued by the 36 Centers for Medicare and Medicaid Services in the prior three years; (c) 37 the financial resources of the proposed institution and its sources of 38 future revenues; and (d) such other matters as it shall deem pertinent, 39 including but not limited to the proposed incorporators, directors, 40 sponsors, stockholders, members or operators having affiliations with or 41 interests in a facility anywhere in the United States which: (i) is 42 listed on the CMS special focus facility list, or its successor, or (ii) 43 is listed on the CMS special focus facility candidate list, or its 44 successor, or (iii) received inadequate performance scores over the 45 previous three years on the New York state nursing home quality initi- 46 ative or on similar quality measurement initiatives or tools, or (iv) 47 has been in receivership; closed as a result of a settlement agreement 48 from a decertification action or licensure revocation; or has been 49 involuntarily terminated from the Medicare or Medicaid program in the 50 prior five years, or (v) has been convicted of patient abuse, neglect or 51 exploitation, (vi) has been the subject of an enforcement action by the 52 state Medicaid fraud control unit or the federal health and human 53 services office of inspector general, or (vii) has outstanding 54 violations with the national labor relations board or the occupational 55 safety and health administration.S. 9025 4 1 § 2. Section 2803-x of the public health law, as added by chapter 677 2 of the laws of 2019, is amended to read as follows: 3 § 2803-x. Requirements related to residential health care facilities 4 and related assets and operations. 1. The operator of a residential 5 health care facility shall notify the commissioner of any common or 6 familial ownership of any corporation, other entity or individual 7 providing services to the operator or the facility. Such information 8 shall also be included in the residency agreement for prospective resi- 9 dents and as addendums for residents currently residing in the residen- 10 tial health care facility. The operator shall notify the department at 11 least ninety days prior to entering into any new common or familial 12 ownership of any corporation, or other entity or individual providing 13 services to the operator of the facility. The operator shall also 14 provide notification to all residents and their representatives, staff 15 and their representatives, and the state office of the long-term care 16 ombudsman. 17 2. The operator of a residential health care facility shall, on an 18 annual basis, attest to the department, in a form determined by the 19 department, to the accuracy of the information provided to the depart- 20 ment under this section. 21 3. The operator of a residential health care facility may not enter 22 into any arrangement to guarantee the debt or other obligation of a 23 party which has not received establishment approval. 24 4. The operator of a residential health care facility shall notify the 25 department at least ninety days prior to executing a letter of intent or 26 other contractual agreement related to: 27 a. the sale, mortgaging, encumbrance, or other disposition of the real 28 property of the facility; and 29 b. the management, operations, staffing agency or other entity to be 30 involved in the operations of the facility. 31 5. The department, shall, within ten days after receipt of a notifica- 32 tion required under subdivision four of this section, notify the state 33 office of the long-term care ombudsman of an operator of a residential 34 health care facility's intent to execute a letter of intent or other 35 contractual agreement related to: 36 a. the sale, mortgaging, encumbrance, or other disposition of the real 37 property of the facility; and 38 b. the management, operations, staffing agency or other entity to be 39 involved in the operations of the facility. 40 6. The operator of a residential health care facility shall notify all 41 residents and their representatives, staff and their representatives, 42 and the state office of the long-term care ombudsman within five days 43 of executing a letter of intent or other contractual agreement as 44 described in paragraphs a and b of subdivision four of this section. The 45 department shall make regulations and take other actions to implement 46 procedures for such notification. 47 7. The operator of a residential health care facility shall retain 48 sufficient authority and control to discharge its responsibilities and 49 the department shall by regulations outline those elements of control 50 which shall not be delegated to a managing entity. 51 8. Any new owner, operator or management company of a residential 52 health care facility shall retain all employees for a sixty-day transi- 53 tion period, except for the nursing home administrator and the director 54 of nursing, and shall not reduce the wages or benefits, or modify any 55 other terms and conditions of employment, economic or otherwise during 56 the transition period.S. 9025 5 1 9. In any instance where a residential health care facility is sold or 2 otherwise transferred and used for a purpose which is not a health care 3 purpose, the operator shall remit to the department an amount equivalent 4 to the undepreciated value of capital assets for which the provider has 5 been funded or reimbursed through Medicaid rate adjustments or otherwise 6 funded or reimbursed with resources provided by the state for the 7 purpose of improvement or transformation. 8 § 3. This act shall take effect immediately.
