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'Rivington Act' Would Subject Nursing Home Closures to Community Vetting

By Allegra Hobbs | September 30, 2016 5:08pm | Updated on October 2, 2016 12:30pm
 Councilwoman Chin and other elected officials rally for the return of Rivington House.
Councilwoman Chin and other elected officials rally for the return of Rivington House.
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DNAinfo/Allegra Hobbs

LOWER EAST SIDE — In an attempt to prevent another Rivington House fiasco, officials have drafted amendments to the state's law on nursing home closures that would make it more difficult for an operator to shutter a facility.

The bill, dubbed the "Rivington Act," seeks to enforce a thorough, community-driven vetting process for any operator looking to close a nursing home that takes into account the surrounding neighborhood's access to needed care facilities.

State Sen. Daniel Squadron, 65th District Assembly nominee Yuh-Line Niou, and Assemblywoman Jo Anne Simon said they are launching the legislation in response to the controversial lifting of two deed restrictions that allowed for the closure of the facility at 45 Rivington St., draining the Lower East Side of 219 nursing home beds.

The bill, they argue, will allow for more community involvement and notice around prospective nursing home closures.

“The process at Rivington House process left communities without a voice, without notice, and without a nursing home," said Squadron in a statement. "The Rivington Act is a critical component of ensuring our state protects the public interest at nursing homes."

Under the current guidelines, home operators have to give the New York State Department of Health 120 days notice of closure and submit a "closure plan" detailing the condition and medical needs of patients as well as placement plans for relocating patients. 

But the bill would add a heightened level of community involvement. If signed into law, the DOH commissioner would be required to produce a report within 30 days of a closure application evaluating the impact the closure would have on the surrounding community.

That report would be made public, and would be sent to a handful of state and city officials, as well as the local community board, in order to allow community members and politicians to make recommendations to DOH before the plan is approved or rejected.

The bill is still being finalized but is expected to be introduced by the start of the next legislative session in January, according to Squadron's office.

The announcement comes on the heels of an announcement from the mayor's office that the city will create a new senior housing and health care facility at 30 Pike St., which will replace roughly half of the beds lost at Rivington House.

The state health department did not immediately respond to a request for comment.