Bill Text: NY S09599 | 2023-2024 | General Assembly | Amended

---

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 9599A [S09599 Detail]

Download: New_York-2023-S09599-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         9599--A

                    IN SENATE

                                      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:

     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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15278-02-4
        S. 9599--A                          2

     1    (i) three percent of such facility's total reported annual revenue for
     2  patient  care  services, based on the facility's most recently available
     3  reported data, without the prior written approval of  the  commissioner;
     4  or
     5    (ii) in the case of a residential health care facility which, over the
     6  two  immediately  preceding successive quarters, has been compliant with
     7  the minimum staffing level requirements prescribed  by  section  twenty-
     8  eight hundred ninety-five-b of this chapter, five percent of such facil-
     9  ity's  total reported annual revenue for patient care services, based on
    10  the facility's most recently  available  reported  data,  without  prior
    11  written notification to the commissioner.  The commissioner shall make a
    12  determination to approve or disapprove a request for withdrawal of equi-
    13  ty or assets under this subdivision within sixty days of the date of the
    14  receipt  of  a written request from the facility. Requests shall be made
    15  in a form acceptable to the department by certified or registered  mail.
    16  In  reviewing  such requests the commissioner shall consider the facili-
    17  ty's overall financial condition, any indications of financial distress,
    18  whether the facility is delinquent in any payment owed  to  the  depart-
    19  ment,  whether  the  facility  has  been cited for immediate jeopardy or
    20  substandard quality of care, and such other factors as the  commissioner
    21  deems  appropriate. In addition to any other remedy or penalty available
    22  under this chapter, and after opportunity for a hearing, the commission-
    23  er may require replacement of the withdrawn equity  or  assets  and  may
    24  impose  a penalty for violation of the provisions of this subdivision in
    25  an amount not to exceed ten percent  of  any  amount  withdrawn  without
    26  prior approval.
    27    §  2.  Section  2895-b of the public health law is amended by adding a
    28  new subdivision 5 to read as follows:
    29    5. Fines and civil  penalties.  (a)  All  fines  and  civil  penalties
    30  collected by the commissioner pursuant to this section shall be deposit-
    31  ed  into  a  nursing home worker recruitment and safety fund established
    32  pursuant to section ninety-nine-ss of the state finance law  to  enhance
    33  the quality of employment for residential health care facility employees
    34  and  assist  in  the  recruitment  and safety of residential health care
    35  facility staff.
    36    (b) The commissioner shall distribute monies made available  for  this
    37  purpose  under  this  subdivision in the form of grants to providers. In
    38  determining the funding for providers, the commissioner  shall  consider
    39  criteria including, but not limited to, the overall census of a facility
    40  and  the  rate  region  the facility is located within. The commissioner
    41  shall promulgate the rules and regulations  necessary  for  implementing
    42  the program.
    43    § 3. The state finance law is amended by adding a new section 99-ss to
    44  read as follows:
    45    § 99-ss. Nursing home worker recruitment and safety fund. 1.  There is
    46  hereby  established in the joint custody of the commissioner of taxation
    47  and finance and the comptroller, a special  fund  to  be  known  as  the
    48  "nursing home worker recruitment and safety fund".
    49    2.  Money  allocated to the nursing home worker recruitment and safety
    50  fund shall be kept separate and shall not be commingled with  any  other
    51  funds in the custody of the state comptroller.
    52    3.  Such  fund shall consist of all fines and civil penalties received
    53  by the department of health, pursuant to the provisions of section twen-
    54  ty-eight hundred ninety-five-b of the public health law  and  all  other
    55  moneys  appropriated,  credited,  or  transferred thereto from any other
    56  fund or source pursuant to law. Nothing contained in this section  shall
        S. 9599--A                          3

     1  prevent  the  state  from  receiving  grants,  gifts or bequests for the
     2  purposes of the fund as defined in this section and depositing them into
     3  the fund according to law. Any interest received by the  comptroller  on
     4  moneys  on  deposit in such fund shall be retained in and become part of
     5  such fund.
     6    4. Moneys in such fund shall be expended only  to  provide  grants  to
     7  enhance  the  quality of employment for residential health care facility
     8  employees and assist in the recruitment and safety of residential health
     9  care facility staff.
    10    5. Moneys shall be payable from the fund on the audit and  warrant  of
    11  the comptroller on vouchers approved or certified by the commissioner of
    12  health,  or by an officer or employee of the department of health desig-
    13  nated by the commissioner.
    14    § 4. This act shall take effect immediately.