BILL NUMBER: S2984
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the public health law, in relation to the closure of
nursing homes
 
PURPOSE OR GENERAL IDEA OF BILL:
To strengthen oversight over nursing homes by creating a transparent
process when nursing homes closures are proposed.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds a new section to the public health law to
require a nursing home operator to notify the commissioner of the New
York State Department of Health (DOH) ninety days prior to an antic-
ipated closure. The notification shall include a proposed plan for
closure, subject to the approval of the commissioner, and describe
procedures the operator will take to notify and assess the needs of
nursing home residents affected by the closure.
Copies of the written notice shall be concurrently delivered to the
local executive body, legislative body, the facility's residents' coun-
cil, and community board, if applicable, where the nursing home is
located, who shall have the opportunity to respond and make recommenda-
tions. Establishes that the operator shall take no action to close the
nursing home prior to approval by the commissioner of the plan for
closure.
Requires the commissioner to make full copies of the final closure plans
available to the public on the department's website. Authorizes the
commissioner to impose fines should the operator fail to comply with any
provisions of this section.
Section 2 of the bill establishes the effective date.
 
JUSTIFICATION:
The "Rivington Act" would strengthen oversight by creating a transparent
process when nursing homes closures are proposed and requiring DOH to
ensure the local community and nursing home tenants are notified before
approving any closure.
The current closure process does not require engagement of the surround-
ing community, or an examination 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 DOH. 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 DOH. 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:
2022: S2847 (Kavanagh) - Referred to Health
2021: S2847 (Kavanagh) - Referred to Health
2020: S4861A(Kavanagh)/A710A (Niou) - HEALTH, REFERRED TO RULES / passed
assembly, delivered to senate
2019: S4861A(Kavanagh)/A710A (Niou) - HEALTH / ordered to third reading
rules ca1.233
2018: S7108 (Kavanagh)/A4395A (Niou) - Referred to Health/Referred to
Ways and Means
2017: S2036A (Squadron)/A4395A (Niou) - Stricken/Reported and referred
to Ways and Means
2016: S8208 (Squadron) - Referred to Rules
 
FISCAL IMPLICATIONS:
Minimal fiscal impact.
 
EFFECTIVE DATE:
This act shall take effect on the first of April after it shall become a
law, and shall apply to all closures of nursing homes occurring on or
after such effective date and to all closures of nursing homes pending
such effective date; provided that, effective immediately, the commis-
sioner of health shall make regulations and take other actions reason-
ably necessary to implement this act on that date.