Imposes a nursing home purchase moratorium on those who own or have owned failing facilities for twenty-four months since their last violation.
Summary
A02349 would create a new nursing home purchase moratorium in the Public Health Law. The bill requires any person or entity seeking to buy a nursing home to disclose ownership interests in other medical facilities in New York, including facilities owned by a spouse or by entities in which the applicant or spouse has a significant ownership stake or employment relationship. The Department of Health would then review inspection and life-safety records for all such owned facilities.
If any owned facility has been cited for noncompliance in a standard health inspection or life-safety inspection, the applicant would be barred from purchasing a nursing home in New York until the cited facility has remained in compliance for 24 consecutive months. The bill also extends the restriction to applicants who sold or gave up ownership of a cited facility: they would have to wait 24 months after the ownership change and pay a compliance fee equal to the fines imposed at the time of citation before being allowed to buy a nursing home. Money collected under the law would be retained by the Department of Health to administer the program.
Impact
The bill would amend the Public Health Law by adding a new section 2808-g, creating a state-level screening and disqualification process for nursing home acquisitions. It would affect prospective buyers, nursing home operators, and related business entities by tying acquisition eligibility to the compliance history of other facilities they own or control, and it would give the Department of Health a new enforcement and fee-collection role.
Sentiment
There is no recorded committee debate or vote history in the provided materials, so the bill’s sentiment must be inferred from its text. The stated purpose is strongly accountability-focused and reflects a policy preference for restricting expansion by operators with poor inspection histories. Overall, the bill appears designed to protect residents and improve care quality, suggesting a generally favorable framing toward stronger oversight.
Contention
The main point of contention is likely to be whether the moratorium is too broad or punitive, especially because it can reach owners through spouse-linked holdings, partial ownership interests, and entities with employment relationships. Supporters would likely argue that the measure prevents repeat offenders from expanding while their existing facilities remain out of compliance, while critics may argue it could limit market entry, complicate transactions, and impose penalties even after ownership changes. The 24-month compliance requirement and the fee equal to prior fines may also be disputed as potentially burdensome or duplicative.
Same As
Imposes a nursing home purchase moratorium on those who own or have owned failing facilities for twenty-four months since their last violation.
Imposes a moratorium on the issuance of new home care provider, home nursing care provider and hospice provider licenses prior to 7/1/2031, and provides for health systems planning specific to these provider licenses during the moratorium by the DOH.
Imposes a moratorium on the issuance of new home care provider, home nursing care provider and hospice provider licenses prior to 7/1/2031, and provides for health systems planning specific to these provider licenses during the moratorium by the DOH.
An Act Concerning Public Hearings For Certain Rate Increases At Assisted Living Facilities, Municipal Agents For Aging, Emergency Power Generator Requirements For Certain Multifamily Housing Projects, Personal Protective Equipment For Home Health Aide Employees, The Nursing Home Bed Moratorium And Nursing Home Resident Data.