Bill Text: NY S05460 | 2015-2016 | General Assembly | Introduced

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

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-04 - PRINT NUMBER 5460A [S05460 Detail]

Download: New_York-2015-S05460-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5460
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2015
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health  law,  in  relation  to  enacting  the
         "public  nursing  home  protection act of 2015"; and providing for the
         repeal of such provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new article
    2  28-F to read as follows:
    3                                ARTICLE 28-F
    4                        PUBLIC NURSING HOME PROTECTION
    5                                  ACT OF 2015
    6  SECTION 2899-C. SHORT TITLE.
    7          2899-D  LEGISLATIVE FINDINGS AND INTENT.
    8          2899-E. DEFINITIONS.
    9          2899-F. COMPREHENSIVE REPORT ON PUBLIC NURSING HOMES.
   10          2899-G. RESTRICTION ON DIVESTITURE AND ELIMINATION OF SERVICES.
   11    S 2899-C. SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED
   12  AS THE "PUBLIC NURSING HOME PROTECTION ACT OF 2015".
   13    S  2899-D.  LEGISLATIVE  FINDINGS  AND  INTENT. THE LEGISLATURE HEREBY
   14  FINDS, DETERMINES AND DECLARES THAT:
   15    1. PUBLIC NURSING HOMES ARE A CRITICAL COMPONENT TO  THE  HEALTH  CARE
   16  INFRASTRUCTURE  OF  THE  STATE AND OFTEN REPRESENT THE CAREGIVER OF LAST
   17  RESORT FOR MANY NEW YORKERS. WITH THE STATE'S POPULATION  CONTINUING  TO
   18  AGE,  THE DEMAND FOR PUBLIC NURSING HOMES IS LIKELY TO INCREASE OVER THE
   19  COMING YEARS;
   20    2. AS FUNDING FROM  THE  FEDERAL,  STATE  AND  LOCAL  GOVERNMENTS  HAS
   21  DECREASED  OVER THE PAST SEVERAL YEARS, MANY MUNICIPALITIES OF THE STATE
   22  HAVE SOLD, CLOSED, PRIVATIZED, TRANSFERRED OWNERSHIP OR OTHERWISE LIMIT-
   23  ED OR ELIMINATED PUBLICLY AVAILABLE NURSING HOME SERVICES; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11152-01-5
       S. 5460                             2
    1    3. THE CONTINUED LOSS OF SUCH PUBLIC NURSING HOMES MAY LEAD TO COMPRO-
    2  MISED OR INADEQUATE CARE FOR MANY PEOPLE IN NEED. THEREFORE, THE  LEGIS-
    3  LATURE  FINDS  THAT  IT  SHALL  BE  THE GOAL OF THE STATE TO ENSURE THAT
    4  PUBLIC NURSING HOMES REMAIN AVAILABLE FOR THE FUTURE CARE OF  PEOPLE  IN
    5  NEED.
    6    S 2899-E. DEFINITIONS. AS USED IN THIS ARTICLE:
    7    1.  "MUNICIPALITY"  SHALL  MEAN  ANY  COUNTY,  EXCEPT  A COUNTY WHOLLY
    8  CONTAINED WITHIN A CITY HAVING A  POPULATION  OF  ONE  MILLION  OR  MORE
    9  PERSONS.
   10    2.  "PUBLIC  NURSING  HOME" SHALL MEAN ANY NURSING HOME OR RESIDENTIAL
   11  HEALTH CARE FACILITY ESTABLISHED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THIS
   12  CHAPTER THAT IS OPERATED OR OWNED BY A MUNICIPALITY.
   13    S 2899-F. COMPREHENSIVE REPORT ON PUBLIC NURSING HOMES. 1. THE COMMIS-
   14  SIONER,  IN CONJUNCTION WITH THE DIRECTOR OF THE DIVISION OF THE BUDGET,
   15  SHALL STUDY AND ISSUE A COMPREHENSIVE REPORT ON PUBLIC NURSING HOMES  IN
   16  THE  STATE.  SUCH  STUDY AND REPORT CARRIED OUT PURSUANT TO THIS SECTION
   17  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   18    (A) THE CURRENT AND EXPECTED  FUTURE  FINANCIAL  CONDITION  OF  PUBLIC
   19  NURSING HOMES INCLUDING, BUT NOT LIMITED TO:
   20    (1)  THE  CURRENT  AND  EXPECTED FUTURE SUPPORT FROM MEDICAID, AND THE
   21  STATE AND LOCAL GOVERNMENTS,
   22    (2) THE CURRENT AND EXPECTED FUTURE IMPACT OF THE STATE'S NEW MEDICAID
   23  REIMBURSEMENT METHODOLOGY FOR NURSING HOMES,
   24    (3) FINANCIAL SUPPORT TRENDS FROM LOCAL GOVERNMENTS OVER THE  PREVIOUS
   25  TWENTY YEARS,
   26    (4) ADDITIONAL AID FROM STATE OR LOCAL GOVERNMENTS, AND
   27    (5) THE AVAILABILITY OF ANY GRANTS TO PUBLIC NURSING HOMES;
   28    (B)  THE  CURRENT  USAGE  OF  PUBLIC NURSING HOMES, INCLUDING, BUT NOT
   29  LIMITED TO:
   30    (1) THE DEMOGRAPHIC PROFILE OF PUBLIC NURSING HOME RESIDENTS;
   31    (2) THE AVERAGE BED COUNT PER FACILITY,
   32    (3) THE MOST DEMANDED SERVICES PER FACILITY, AND
   33    (4) SPECIALTY SERVICES THAT ARE NOT  PROVIDED  BY  NON-PUBLIC  NURSING
   34  HOMES;
   35    (C)  THE  EXPECTED FUTURE NEED FOR PUBLIC NURSING HOMES INCLUDING, BUT
   36  NOT LIMITED TO:
   37    (1) THE EXPECTED FUTURE DEMAND FOR VARIOUS SERVICES, AND
   38    (2) PROJECTIONS OF FACILITY  POPULATIONS  AGED  SIXTY-FIVE  OR  OLDER,
   39  SEVENTY-FIVE  OR  OLDER,  AND  EIGHTY-FIVE  OR  OLDER FOR THE NEXT THREE
   40  DECADES; AND
   41    (D) THE EFFECTS THAT THE CLOSURE, SALE, TRANSFER, DIVESTMENT,  DEFUND-
   42  ING,  DOWNSIZING  OR  REASSIGNMENT OF OWNERSHIP OF A PUBLIC NURSING HOME
   43  FROM A MUNICIPALITY TO ANY OTHER PERSON OR  ENTITY  WOULD  HAVE  ON  THE
   44  RESIDENTS OF SUCH FACILITY INCLUDING, BUT NOT LIMITED TO, (1) THE IMPACT
   45  ON THE PHYSICAL AND MENTAL HEALTH OF THE RESIDENTS, (2) THE AVAILABILITY
   46  OF  SERVICES  FOR  HARD-TO-PLACE RESIDENTS, AND (3) THE IMPACT ON FAMILY
   47  MEMBERS OF RESIDENTS.
   48    2. THE COMMISSIONER MAY REQUEST AND SHALL RECEIVE FROM ANY  AGENCY  IN
   49  THE  STATE, AND FROM ANY SUBDIVISION, DEPARTMENT, BOARD, BUREAU, COMMIS-
   50  SION, OFFICE, AGENCY, OR OTHER INSTRUMENTALITY OF THE STATE  OR  OF  ANY
   51  POLITICAL  SUBDIVISION  THEREOF  SUCH  INFORMATION,  ASSISTANCE AND DATA
   52  DEEMED NECESSARY OR DESIRABLE TO EFFECTUATE THE PURPOSES  SET  FORTH  IN
   53  THIS  SECTION.  SUCH  INFORMATION  RECEIVED BY THE COMMISSIONER SHALL BE
   54  SUBJECT TO THE SAME REQUIREMENTS AND CONFIDENTIALITY AND LIMITATIONS  ON
   55  USE,  IF ANY, AS ARE APPLICABLE TO THE DEPARTMENT'S USE OF SUCH INFORMA-
   56  TION.
       S. 5460                             3
    1    3. THE COMMISSIONER SHALL MAKE A REPORT OF HIS OR HER FINDINGS TO  THE
    2  GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
    3  ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY  LEADER  OF
    4  THE ASSEMBLY WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE.
    5    S  2899-G.  RESTRICTION  ON  DIVESTITURE  AND ELIMINATION OF SERVICES.
    6  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO MUNICIPALITY SHALL CLOSE,
    7  SELL, TRANSFER, DIVEST, DEFUND, DOWNSIZE  OR  REASSIGN  OWNERSHIP  OF  A
    8  PUBLIC  NURSING  HOME  UNTIL  ONE YEAR AFTER THE COMMISSIONER SHALL HAVE
    9  REPORTED HIS OR HER FINDINGS PURSUANT TO SUBDIVISION  THREE  OF  SECTION
   10  TWENTY-EIGHT HUNDRED NINETY-NINE-F OF THIS ARTICLE.
   11    S  2.  This  act shall take effect immediately and shall expire and be
   12  deemed repealed 2 years after it shall take effect.