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Bill

Bill

A 11326

Relates to the closure of nursing homes

2025 Regular Session

Requires prior state approval of nursing home closures with a 90-day notice, resident needs assessments, transfers, local input, and public plan transparency.

REPORTED REFERRED TO CODES
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Bill Summary · A 11326

Summary of Bill A.11326 (2025-2026) – Relates to the closure of nursing homes (New York)

Purpose and intent

  • Establishes a formal process for the closure of nursing homes by requiring prior approval of a closure plan by the state Commissioner of Health.
  • Aims to ensure orderly, transparent, and resident-centered closures that protect residents’ needs, rights, and access to appropriate alternative care settings.

Key provisions and changes

  • New statutory provision: Section 2833 (Closure of nursing homes)

    • Applies when an operator elects to close a nursing home.
    • Requires written notice to the Department of Health at least 90 days before the anticipated closure date.
    • Requires a proposed closure plan approved by the Commissioner, with timetables and detailed actions, including:
    • Notification to residents about the closure and termination of admission agreements or involuntary discharges.
    • Assessment of residents’ needs and preferences.
    • Assistance to residents in locating and transferring to suitable alternatives.
    • Ongoing compliance with the closure provisions until all residents relocate.
    • Notification requirements: Written notice must be concurrently delivered to:
    • The chief executive officer and presiding officer of the local legislative body (county/city/town/village where the facility is located; except in a county wholly contained within a city).
    • The nursing home residents’ council.
    • In cities with populations of 1 million+, the relevant community board.
    • Public posting on the Department’s website and the facility’s website (if applicable).
    • Local/government engagement: Local officials may convene meetings (closed or public) within 45 days of the proposed notice to review community needs and impact, and may make a non-binding recommendation to the Commissioner on approval, modification, or rejection of the closure.

  • Operational safeguards for operators

    • Closure actions cannot proceed without Commissioner approval of the plan.
    • No closure until all residents have been transferred to appropriate alternatives.
    • No increase in fees or new charges to residents, families, or insurers before closure plan approval.
    • No acceptance of new residents or admissions after the operator has notified the Department of closure unless the new admission is pre-notified before the intended closure date or the closure decision is abandoned.

  • Commissioner’s authority and plan content

    • The Commissioner may approve, modify, or reject the closure plan and impose conditions.
    • An approved plan must specify required modifications, address patient medical records disposition and transfer or access, and include a plan to ensure continued care addressing social, emotional, and health needs.

  • Public transparency and enforcement

    • A full copy of an approved closure plan must be posted publicly on the Department’s website, with updates if plans change.
    • Noncompliance by the operator with any provision or imposed conditions can result in penalties under the public health law.

  • Emergency/facilitated closures

    • The Commissioner may order or expedite temporary or permanent closures if necessary to protect resident health and safety due to operator distress, mismanagement, malfeasance, or other unsafe operating conditions.

Affected parties

  • Nursing home operators: Required to provide notice, obtain plan approval, and comply with closure procedures; barred from closing or admitting new residents without approval; subject to penalties for noncompliance.
  • Residents and families: Protected through mandated notice, needs assessment, and assistance with transfers; ensured access to records and continued care planning.
  • Local governments and community bodies: Local officials and boards/committees receive notices and can participate in non-binding recommendations; transparency via public posting.
  • Health department and Commissioner of Health: Responsible for reviewing, approving/modifying/rejecting closure plans and enforcing compliance.

Timelines and effective dates

  • Notice period: Minimum 90 days’ written notice before anticipated closure date.
  • Local review window: Local meetings and recommendations can occur within 45 days of the notice.
  • Effective date: The act takes effect 60 days after becoming law; it applies to nursing home closures occurring 90 days or more after the effective date.
  • The bill permits immediate regulatory adjustments (rules/regulations) necessary for implementation to be enacted on or before the effective date.

Practical impact

  • Creates a structured, transparent closure process intended to minimize disruption to residents and ensure continuity of care.
  • Shifts decision-making power toward state oversight while incorporating local community input.
  • Introduces enforceable timelines and public reporting to enhance accountability.
  • Provides safeguards against opportunistic closures and fee increases during the closure process.

Compiled from official sources — confirm details with the bill’s official record.

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