NY Pub Health L § 2803-X (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 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; andb.  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.