2023 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; 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.