Legislative Changes to New York Nursing Home Laws: New Reporting Obligations; Independent Quality Monitors; and Transparency Relating to Assets of Operators

December 20, 2019

 

Incident Reporting Statute: The Legislature noted that New York persistently ranks poorly in quality of care, survey and enforcement. To address these issues, PHL 2803-d was amended as follows:

  • Requires reports of abuse (not just physical abuse) and neglect of residents, and misappropriation of resident property.
  • DOH may require that a facility engage an independent quality monitor selected by DOH to ensure compliance with a written corrective action plan.
  • If DOH finds reasonable grounds that a reported allegation may constitute a crime, DOH is required to notify appropriate law enforcement.
  • Reports found to be unsubstantiated will be sealed (not expunged).
  • DOH will develop forms available for download for reporting.

New statute, Public Health Law 2803-x:

  • Requires operators to disclose to DOH any co-owners and contractors with familial ties to the operator.
  • Prohibits operators from guarantying debt of third party who has not received establishment approval.
  • Requires 90-day advance notice to DOH of any sale, mortgage or encumbrance of facility property.
  • Provides for DOH recoupment of funds provided for capital investment if a facility is sold and then used for a purpose other than providing health care.

New statute, Public Health Law 2803-y:

  • Requires notification to prospective residents of residency agreement terms, including rates charged to residents.
  • Requires that a facility provide a copy of the approved residency agreement to a prospective resident and post the entire agreement on its website.

Effective date of new laws: April 14, 2020.

 

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If you have any questions about this alert, please contact the Garfunkel Wild attorney with whom you regularly work.