§ 2803-X — Requirements related to nursing homes and related assets and operations

§ 2803-x. Requirements related to nursing homes and related assets and\noperations. 1. The operator of a nursing home shall notify the\ncommissioner of any common or familial ownership of any corporation,\nother entity or individual providing services to the operator or the\nfacility. Such information shall also be included in the residency\nagreement for prospective residents and as addendums for residents\ncurrently residing in the residential health care facility nursing home.\nThe operator shall notify the department at least ninety days prior to\nentering into any new common or familial ownership of any corporation,\nor other entity or individual providing services to the operator of the\nfacility. The operator shall also provide notification to all residents\nand their representatives, staff and their representatives, and the\nstate office of the long-term care ombudsman.\n 2. The operator of a nursing home shall, on an annual basis, attest to\nthe department, in a form determined by the department, to the accuracy\nof the information provided to the department under this section.\n 3. The operator of a nursing home may not enter into any arrangement\nto guarantee the debt or other obligation of a party which has not\nreceived establishment approval.\n 4. The operator of a nursing home shall notify the department and the\nstate office of the long-term care ombudsman at least ninety days prior\nto executing a letter of intent or other contractual agreement related\nto:\n a. the sale, mortgaging, encumbrance, or other disposition of the real\nproperty of the facility; and\n b. the consulting, operations, staffing agency or other entity to be\ninvolved in the operations of the facility.\n 5. The operator of a nursing home shall notify all residents and their\nrepresentatives, staff and their representatives, and the state office\nof the long-term care ombudsman within five days of executing a binding\nletter of intent or other contractual agreement as described in\nparagraphs a and b of subdivision four of this section.\n 6. Where the operator of a nursing home provides or purports to\nprovide, by any contract, agreement or arrangement, for any party to\ncarry out or be delegated any activity or responsibility relating to the\nnursing home, that shall not diminish any responsibility or liability\nthat the operator would otherwise have for any such activity or\nresponsibility or for the operation of the nursing home.\n 7. Any new owner or operator of a nursing home shall retain all\nemployees of the nursing home for at least a sixty-day transition\nperiod, except for cause, and except for the nursing home administrator,\nthe director of nursing and any other supervisors, or any controlling\nperson, principal stockholder or principal member, and shall not reduce\nthe wages or benefits, or modify any other terms and conditions of\nemployment, economic or otherwise during the transition period. Nothing\nherein shall require any owner or operator to discontinue any pending\ndisciplinary actions, including but not limited to termination, that\nwere initiated before the sale of the nursing home. Nothing herein shall\nprevent an owner or operator from determining the overall size of the\nworkforce at the facility, except as provided otherwise in this section\nor other applicable law.\n 8. In any instance where a nursing home is sold or otherwise\ntransferred and used for a purpose which is not a health care purpose,\nthe operator shall remit to the department an amount equivalent to the\nundepreciated value of capital assets for which the provider has been\nfunded or reimbursed through Medicaid rate adjustments or otherwise\nfunded or reimbursed with resources provided by the state for the\npurpose of improvement or transformation.\n