NY A03703

Nursing home operators must notify the Department of Health in writing at least 90 days before closure and submit a closure plan for commissioner approval that includes resident notification procedures, relocation assistance, and compliance maintenance timelines.

Closure notice copies must be delivered to county executives, local legislative bodies, residents' councils, and community boards (in cities with 1+ million population) with a 45-day period for those entities to examine the closure and make recommendations to the commissioner.

Operators are prohibited from closing until all residents transfer to alternative settings, cannot increase or institute new fees prior to plan approval, and cannot accept new residents after notifying the department of closure intent unless the resident is notified of the closure date.

Commissioner and operator must jointly create plans for patient medical record maintenance and access, ensure arrangements for continued care meeting each resident's needs within 60 days of closure, and publicly post these plans on the department website with updates if plans change.

Violations of closure requirements or commissioner-imposed conditions result in penalties under public health law; the act takes effect April 1st following enactment and applies to all pending or future nursing home closures.