Opposition has grown to the idea of a ban on for-profit nursing homes in New York state — but not enough to prevent the idea from becoming law.

The state Assembly approved A.5842 by an 83-64 vote earlier this week, with both Assemblymen Andrew Goodell, R-Jamestown, and Joe Giglio, R-Gowanda, voting no. A similar measure was approved in 2021 by the Assembly with 91 votes in favor — meaning greater opposition this year than last year. The Senate didn’t take the Assembly bill up for a vote before the end of the 2021 legislative session. It’s unknown if the Senate will debate the measure before the end of this year’s session.

A.5842 adds a new section of the state Public Health Law to prohibit all future establishment or expansion of bed capacity of a nursing home owned or operated, in whole or part, by a for-profit entity. Current facilities, and those with applications pending if the bill becomes law, can proceed. Modifications in the ownership of a previously-approved for-profit nursing home, such as adding or subtracting a shareholder, would be permitted.

Assemblyman Richard Gottfried, D-New York City and chair of the Assembly Health Committee, sponsored the legislation and said in recent years, for-profit nursing homes in New York have grown from about one-third of the nursing home market to two-thirds. Gottfried pointed to national data he said showed for-profit nursing homes score worse on staffing, infection control and other quality indicators, have higher rates of patient deaths and cost more.