Nursing Homes Reminded of 2021 State Law Changes

LeadingAge NY has created a reference tool for nursing homes to track compliance with new state statutory requirements. With all of the regulatory activity surrounding COVID-19 over the past year, it is easy to lose sight of the many new state laws that have recently taken effect or are slated to take effect soon. In addition to the high-profile minimum nursing hours and minimum direct care spending laws, the State has enacted several disclosure and notice requirements this year related to transfers and discharges, changes of ownership, mortgages, contracts, related-entity services, and quality ratings.

Many of these requirements were enacted with proprietary facilities in mind and are not easily applied to not-for-profit and public facilities. We are also acutely aware that in the midst of a pandemic and workforce shortages, these new administrative requirements are particularly challenging. LeadingAge NY opposed these requirements, but our concerns were unheeded. We will pursue amendments in the coming legislative session.

Members should take note of the related-entity disclosure requirements required by Chapters 141 and 102 of the Laws of 2021 and delineated in the reference tool and the memorandum from our attorneys at Hinman Straub. This legislation requires facilities to notify the Department of Health (DOH), Ombudsman, residents, staff, and union representatives of contracts with entities under "common ownership" to provide services to the facility. Residency agreements must also include this information. Many not-for-profit nursing homes have agreements with a parent or affiliated organization that may arguably be covered by this provision. In addition, these chapters require facilities to notify the Department, the Ombudsman, residents, staff, and union representatives of staffing agency, consulting, and other operational contracts. Members are advised to consult with their attorneys regarding their obligations under these laws.

Contact: Karen Lipson, klipson@leadingageny.org, 518-867-8383