Bill Text: NY A05842 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the public health and health planning council and the commissioner of health from approving the establishment, incorporation, construction, or increase in capacity of for-profit nursing homes.

Spectrum: Partisan Bill (Democrat 46-0)

Status: (Engrossed - Dead) 2022-04-05 - REFERRED TO HEALTH [A05842 Detail]

Download: New_York-2021-A05842-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5842

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 26, 2021
                                       ___________

        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health

        AN ACT to amend the public health law, in relation to the establishment,
          incorporation, construction, or increase  in  capacity  of  for-profit
          nursing homes

          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  section
     2  2802-c to read as follows:
     3    §  2802-c.  No  additional  or  expanded  for-profit nursing homes. 1.
     4  Notwithstanding any provision of  this  article  to  the  contrary,  the
     5  commissioner  and  the council shall not approve or take any action that
     6  would establish, incorporate or approve the construction of any for-pro-
     7  fit nursing home or increase the resident  capacity  of  any  for-profit
     8  nursing home.
     9    2.  However, with respect to a facility that was established, incorpo-
    10  rated or approved for construction as a for-profit nursing home prior to
    11  the effective date of this section, this section shall not  bar  further
    12  action  relating  to the establishment, incorporation or construction of
    13  that facility, provided that the action does not approve or result in an
    14  increase in the resident capacity of that nursing home.
    15    3. As used in this section, "for-profit nursing home" means a  nursing
    16  home owned or operated, in whole or in part, by a for-profit entity.
    17    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10074-01-1