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; imposes a 2 year moratorium on the divestiture or elimination of residential services by public nursing homes.
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.
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:
Immediately, will be deemed repealed two years after enactment.
STATE OF NEW YORK ________________________________________________________________________ 7291 IN SENATE May 9, 2014 ___________Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the elder law, in relation to enacting the "public nurs- ing home protection act of 2014"; 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: Section 1. The elder law is amended by adding a new article III to read as follows: ARTICLE III PUBLIC NURSING HOME PROTECTION ACT OF 2014 SECTION 301. SHORT TITLE. 302. LEGISLATIVE FINDINGS AND INTENT. 303. DEFINITIONS. 304. COMPREHENSIVE REPORT ON PUBLIC NURSING HOMES. 305. RESTRICTION ON DIVESTITURE AND ELIMINATION OF SERVICES. S 301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PUBLIC NURSING HOME PROTECTION ACT OF 2014". S 302. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE HEREBY FINDS THAT IT IS THE GOAL OF THE STATE TO ENSURE THAT PUBLIC NURSING HOMES REMAIN AVAILABLE FOR THE FUTURE CARE OF PEOPLE IN NEED. THE LEGISLATURE FURTHER FINDS THAT PUBLIC NURSING HOMES ARE A CRITICAL COMPONENT TO THE HEALTH CARE INFRASTRUCTURE OF THIS STATE AND OFTEN REPRESENT THE CARE- GIVER OF LAST RESORT FOR MANY NEW YORKERS. THE LEGISLATURE FURTHER FINDS THAT THE LOSS OF SUCH PUBLIC NURSING HOMES MAY LEAD TO COMPROMISED OR INADEQUATE CARE FOR MANY PEOPLE IN NEED. THE LEGISLATURE FURTHER FINDS THAT MANY MUNICIPALITIES OF THE STATE HAVE SOLD, CLOSED, PRIVATIZED, TRANSFERRED OWNERSHIP, OR OTHERWISE LIMITED OR ELIMINATED PUBLICLY AVAILABLE NURSING HOME SERVICES OVER THE PAST SEVERAL YEARS. THE LEGIS- LATURE FURTHER FINDS THAT FUNDING FROM THE FEDERAL, STATE AND LOCAL GOVERNMENTS HAS DECREASED FOR PUBLIC NURSING HOMES OVER THE PAST SEVERAL YEARS. THE LEGISLATURE FURTHER FINDS THAT THE DEMAND FOR NURSING HOMES IS LIKELY TO INCREASE OVER THE COMING YEARS AS A RESULT OF AN AGINGEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15081-01-4 S. 7291 2
POPULATION, AND THE STATE SHOULD ENSURE THAT PUBLIC NURSING HOMES REMAIN AVAILABLE FOR FUTURE CARE. S 303. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF HEALTH. 2. "ELIMINATE RESIDENTIAL SERVICES" SHALL MEAN THE CLOSURE, SALE, TRANSFER, DIVESTMENT, DEFUNDING, DOWNSIZING OR REASSIGNMENT OF OWNERSHIP OF A PUBLIC NURSING HOME FROM A MUNICIPALITY TO ANY OTHER PERSON OR ENTITY. 3. "MUNICIPALITY" SHALL MEAN ANY COUNTY, EXCEPT A COUNTY WHOLLY CONTAINED WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS. 4. "PUBLIC NURSING HOME" SHALL MEAN ANY NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY ESTABLISHED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW THAT IS OPERATED OR OWNED BY A MUNICIPALITY. S 304. COMPREHENSIVE REPORT ON PUBLIC NURSING HOMES. 1. THE COMMIS- SIONER, IN CONJUNCTION WITH THE DIRECTOR OF THE DIVISION OF THE BUDGET, SHALL STUDY AND ISSUE A COMPREHENSIVE REPORT ON PUBLIC NURSING HOMES IN THE STATE. SUCH STUDY AND REPORT CARRIED OUT PURSUANT TO THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (A) THE CURRENT AND EXPECTED FUTURE FINANCIAL CONDITION OF PUBLIC NURSING HOMES, INCLUDING: (1) THE CURRENT AND EXPECTED FUTURE SUPPORT FROM MEDICAID, AND THE STATE AND LOCAL GOVERNMENTS, (2) MEDICARE AND MEDICAID RATE TRENDS OVER THE PREVIOUS TWENTY YEARS, (3) FINANCIAL SUPPORT TRENDS FROM LOCAL GOVERNMENTS OVER THE PREVIOUS TWENTY YEARS, (4) ADDITIONAL AID FROM STATE OR LOCAL GOVERNMENTS, (5) EXPECTED IMPACT OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, AND (6) THE IMPACT OF THE STATE'S FOUR PERCENT MEDICAID GLOBAL SPENDING CAP; (B) THE CURRENT USAGE OF PUBLIC NURSING HOMES, INCLUDING, BUT NOT LIMITED TO: (1) THE AVERAGE BED COUNT PER FACILITY, (2) THE MOST DEMANDED SERVICES PER FACILITY, AND (3) SPECIALTY SERVICES THAT ARE NOT PROVIDED BY NON-PUBLIC NURSING HOMES; (C) THE EXPECTED FUTURE NEED FOR PUBLIC NURSING HOMES, INCLUDING, BUT NOT LIMITED TO: (1) THE EXPECTED FUTURE DEMAND FOR VARIOUS SERVICES, AND (2) PROJECTIONS OF FACILITY POPULATIONS AGED SIXTY-FIVE OR OLDER, SEVENTY-FIVE OR OLDER, AND EIGHTY-FIVE OR OLDER FOR THE NEXT THREE DECADES; AND (D) THE EFFECTS THAT THE ELIMINATION OF THE RESIDENTIAL SERVICES OF A PUBLIC NURSING HOME WOULD HAVE ON THE RESIDENTS OF SUCH FACILITY, INCLUDING THE IMPACT ON THE PHYSICAL AND MENTAL HEALTH OF THE RESIDENTS, THE AVAILABILITY OF SERVICES FOR HARD-TO-PLACE RESIDENTS, AND THE IMPACT ON FAMILY MEMBERS OF RESIDENTS. 2. THE COMMISSIONER MAY REQUEST AND SHALL RECEIVE FROM ANY AGENCY IN THE STATE, AND FROM ANY SUBDIVISION, DEPARTMENT, BOARD, BUREAU, COMMIS- SION, OFFICE, AGENCY, OR OTHER INSTRUMENTALITY OF THE STATE OR OF ANY POLITICAL SUBDIVISION THEREOF SUCH INFORMATION, ASSISTANCE AND DATA DEEMED NECESSARY OR DESIRABLE TO EFFECTUATE THE PURPOSES SET FORTH IN THIS SECTION. SUCH INFORMATION RECEIVED BY THE COMMISSIONER SHALL BE SUBJECT TO THE SAME REQUIREMENTS AND CONFIDENTIALITY AND LIMITATIONS ONS. 7291 3
USE, IF ANY, AS ARE APPLICABLE TO THE DEPARTMENT OF HEALTH'S USE OF SUCH INFORMATION. 3. THE COMMISSIONER SHALL MAKE A REPORT OF HIS OR HER FINDINGS 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 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE. S 305. RESTRICTION ON DIVESTITURE AND ELIMINATION OF SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PUBLIC NURSING HOME SHALL DIVEST OR ELIMINATE RESIDENTIAL SERVICES UNTIL ONE YEAR AFTER THE COMMISSIONER SHALL HAVE REPORTED HIS OR HER FINDINGS PURSUANT TO SUBDI- VISION THREE OF SECTION THREE HUNDRED FOUR OF THIS ARTICLE. S 2. This act shall take effect immediately and shall expire and be deemed repealed 2 years after it shall take effect.