BILL NUMBER: S4275A
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 establish a process and oversight when operators elect to close nurs-
ing homes and to ensure resident safety, continuity of care, and trans-
parency.
 
SUMMARY OF PROVISIONS:
Section one of the bill adds new section 2832 to the public health law
to establish requirements governing the closure of nursing homes,
including:
- Requiring operators to provide at least 90 days written notice to the
Department of Health and submit a closure plan for approval that
includes timelines and procedures for notifying residents, assessing
their needs, facilitating transfers, and maintaining compliance until
all residents are relocated.
- Requires that notice of a proposed closure be provided to local offi-
cials, community boards, and the general public and allows such public
officials to review the proposed closure, hold meetings, and make non-
binding recommendations to the commissioner regarding approval, modifi-
cation, or rejection of the closure plan.
- Requires that approved closure plans include provisions for the safe-
keeping and transfer of patient medical records and for ensuring conti-
nuity of care for residents, requires public posting of such plans, and
establishes penalties for noncompliance.
- Clarifies that the Health Commissioner retains authority to order or
expedite closures when necessary to protect patient safety.
Section two of the bill sets forth the effective date.
 
JUSTIFICATION:
Currently, the closure process for nursing homes lacks adequate mech-
anisms to ensure that residents, local officials, and communities are
adequately informed and protected before the closure occurs. There is
no clear requirement for advanced public notice, community engagement,
or a comprehensive, state-approved plan to safely transition residents
and preserve continuity of care.
For example, the closure of Rivington House, a nursing home on
Manhattan's Lower East Side, became known through news reports and
rumors rather than a formal, transparent process. The lack of structured
oversight and communication contributed to confusion, public concern,
and loss of care capacity in the surrounding community. This legis-
lation establishes requirements for nursing home closures, including
advance notice to the Department of Health and local stakeholders, the
submission and approval of a closure plan, and opportunities for commu-
nity input. It also ensures that residents are safely relocated, medical
records are properly maintained, and continuity of care is preserved. By
creating a transparent and accountable process, the bill strengthens
oversight and helps protect both residents and the communities that rely
on these facilities.
 
LEGISLATIVE HISTORY:
2025: 54275 (Kavanagh) - Passed Senate
2024: 52984 (Kavanagh) / A3703 (Epstein) - Vetoed
2023: 52984 (Kavanagh) - Reported to Senate Floor A3703 (Epstein) -
Reported to Assembly Floor
2022: S2847 (Kavanagh) - Referred to Health 2021: S2847 (Kavanagh) -
Referred to Health
2020: S4861 (Kavanagh) - Referred to Health A0710 (Niou) - Passed Assem-
bly
2019: S4861 (Kavanagh) - Referred to Health A0710 (Niou) - Reported to
Assembly Floor
2018: S7108 (Kavanagh) - Referred to Health A4395 (Niou) - Reported to
Ways and Means
2017: S2036A (Squadron) - Defeated in Health A4395 (Niou) - Reported to
Ways and Means
2016: S8208 (Squadron) - Referred to Rules
 
FISCAL IMPLICATIONS:
Minimal fiscal impact to the state and none to local governments.
 
EFFECTIVE DATE:
This act shall take effect sixty days after it shall become a law, and
shall apply to all closures of nursing homes occurring ninety days or
more after such effective date. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.