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History
- Referred to rules
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to approval of the closure of nursing homes and residential health care facilities by the commissioner of health
Purpose
To strengthen oversight over nursing homes by creating a transparent process when nursing homes are threatened in New York City.
Summary of specific provisions
Section 1 of the bill adds a new Section 2801-H to the public health law to require the Commissioner of the New York State Department of Health (DOH) to issue a report within 30 days of an application for closure, including:
Read the full memo (612 words)
*The anticipated impact of closure on the surrounding communities' access to nursing care and health related services.
*What measures DOH and others have taken or plan to take to lessen any negative impact;
*Any other recommendations regarding access to nursing care and health related services in the impacted communities;
*Why the State cannot assume financial responsibility for the facility or identify an alternate operator;
*Specific measures DOH will take to ensure nursing home and residential healthcare facility residents are located and transferred to the most integrated setting appropriate to their needs and consistent with their preferences;
*Complete copies of the application for closure.
The commissioner is also required to make a full copy of the report available to the public on the department's website.
Requires the operator to post the commissioner report in the nursing home or residential healthcare facility.
Allows the community, through the Community Board, local elected officials, and relevant agencies to respond and make recommendations based upon the report.
Upon any decision to approve or reject an application for closure, the commissioner shall make available to the public on the department's website a complete copy of the final application for closure and a description of any changes made to the proposed plan as a result of the recommendations submitted by the community board, city council member, state senator, assembly member, congressional representative, borough president, city planning commission, city health department or member of the public.
The commissioner may only approve the application for closure if he or she reasonably determines that the needs of the community and impacted stakeholders, including but not limited to access to nursing care and health-related services, can be adequately met.No closure shall be approved before 30 days have passed from the community recommendations being given.
States that a nursing home or residential healthcare facility cannot be closed until commissioner complies with provisions in this bill.
Section 2 of the bill establishes the effective date.
Justification
The "Rivington Act" would strengthen oversight by creating a transparent process when nursing homes are threatened, and requiring the New York State Department of Health to ensure local community needs can adequately be met before approving any closure.
The current closure process in New York State does not require an analysis of how a facility's closure will impact the broader community before a decision for closure is made. Information on a potential closure cannot even be disclosed to the public prior to a closure being approved by the New York State Department of Health. Communities have no ability to comment on the impact of the proposed closure.
Notification of the sudden closure of Rivington House, a nursing home on Manhattan's Lower East Side, came in the form of news reports and rumors, instead of formal communications from the operator or New York State Department of Health. As a result, the Rivington House closure proceeded without oversight leading to extensive investigations and a loss of needed care in its community.
Prior legislative history
New Bill
Fiscal implications
Minimal Fiscal Impact
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.