Enacts the "public nursing home protection act of 2014" directing the commissioner of health to study and report on the current and expected future status of public nursing homes

1 Co-sponsor

• Mark Grisanti

BILL NUMBER:S7291

Title of bill

An act to amend the elder law, in relation to enacting the "public nursing home protection act of 2014"; and providing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

This bill would require the state to undertake a comprehensive study on the conditions of public nursing homes in order to gain a better understanding of financial and other obstacles specific to the operation of public nursing homes. The elimination of services at public nursing homes would be prohibited until one year after this report is made.

Summary of specific provisions

Section 1. This section provides for legislative findings.

Section 2. This section provides for definitions as used in this article.

Section 3. This section provides that the Commissioner of the Department of Health, in conjunction with the Director of the Division of the Budget, shall study and issue a comprehensive report on public nursing homes in New York State. The study shall include information on the current and expected future condition and usage of public nursing homes, as well as the impact closing a public nursing home has on residents, their families, and communities. The report shall be presented to the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, and the minority leader of the assembly one year after the effective date of this act.

Section 4. Provides that no public nursing home shall 'suffer an elimination of services until one year after the Commissioner reports his findings.

Section 5. Provides the effective date.

Justification

Public nursing homes are a critical component to the health care infrastructure of New York State. These facilities are often the care givers of last resort for many New Yorkers, and the loss of such public nursing homes may lead to compromised or inadequate care for many people in need.

Unfortunately, many municipalities have sold, closed, privatized, transferred ownership, or otherwise limited or eliminated publicly available nursing home services over the past several years. With the elder population expected to sharply expand in the coming decades, the state must ensure that these critical facilities remain open and available to people in need.

By requiring the state to undertake a comprehensive study on public nursing homes and prohibiting the elimination of services at such

homes until one year after the study is completed, the state can hope to better understand the financial obstacles unique to these facilities. This will provide municipalities with the knowledge necessary to ensure that critical long term services remain available at public nursing homes for the coming decades.

Prior legislative history

New bill.

Effective date

Immediately, will be deemed repealed two years after enactment.