N.Y. Public Health Law § 2803-x: Requirements related to nursing homes and related assets and operations

§ 2803-x. Requirements related to nursing homes and related assets and

operations. 1. The operator of a nursing home shall notify the

commissioner of any common or familial ownership of any corporation,

other entity or individual providing services to the operator or the

facility. Such information shall also be included in the residency

agreement for prospective residents and as addendums for residents

currently residing in the residential health care facility nursing home.

The operator shall notify the department at least ninety days prior to

entering into any new common or familial ownership of any corporation,

or other entity or individual providing services to the operator of the

facility. The operator shall also provide notification to all residents

and their representatives, staff and their representatives, and the

state office of the long-term care ombudsman.

2. The operator of a nursing home shall, on an annual basis, attest to

the department, in a form determined by the department, to the accuracy

of the information provided to the department under this section.

3. The operator of a nursing home may not enter into any arrangement

to guarantee the debt or other obligation of a party which has not

received establishment approval.

4. The operator of a nursing home shall notify the department and the

state office of the long-term care ombudsman at least ninety days prior

to executing a letter of intent or other contractual agreement related

to:

a. the sale, mortgaging, encumbrance, or other disposition of the real

property of the facility; and

b. the consulting, operations, staffing agency or other entity to be

involved in the operations of the facility.

5. The operator of a nursing home shall notify all residents and their

representatives, staff and their representatives, and the state office

of the long-term care ombudsman within five days of executing a binding

letter of intent or other contractual agreement as described in

paragraphs a and b of subdivision four of this section.

6. Where the operator of a nursing home provides or purports to

provide, by any contract, agreement or arrangement, for any party to

carry out or be delegated any activity or responsibility relating to the

nursing home, that shall not diminish any responsibility or liability

that the operator would otherwise have for any such activity or

responsibility or for the operation of the nursing home.

7. Any new owner or operator of a nursing home shall retain all

employees of the nursing home for at least a sixty-day transition

period, except for cause, and except for the nursing home administrator,

the director of nursing and any other supervisors, or any controlling

person, principal stockholder or principal member, and shall not reduce

the wages or benefits, or modify any other terms and conditions of

employment, economic or otherwise during the transition period. Nothing

herein shall require any owner or operator to discontinue any pending

disciplinary actions, including but not limited to termination, that

were initiated before the sale of the nursing home. Nothing herein shall

prevent an owner or operator from determining the overall size of the

workforce at the facility, except as provided otherwise in this section

or other applicable law.

8. In any instance where a nursing home is sold or otherwise

transferred and used for a purpose which is not a health care purpose,

the operator shall remit to the department an amount equivalent to the

undepreciated value of capital assets for which the provider has been

funded or reimbursed through Medicaid rate adjustments or otherwise

funded or reimbursed with resources provided by the state for the

purpose of improvement or transformation.