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.