A01721 Summary:

BILL NOA01721
 
SAME ASSAME AS S03844
 
SPONSORGottfried (MS)
 
COSPNSRClark, Dinowitz, Ortiz, Titus, Englebright, Paulin
 
MLTSPNSRAubry, Brennan, Cahill, Colton, Gunther, Hooper, Jacobs, Jaffee, John, Koon, Lifton, McEneny, Pheffer, Rivera P, Robinson, Sweeney, Towns, Weisenberg, Wright
 
Add S2807-z, Pub Health L
 
Subjects nursing homes not providing basic standards of care for a period of at least forty-eight consecutive hours to nursing home diversion; requires such home to immediately notify the department of that fact and the reasons for it; sets forth diversion consequences and provisions for termination of diversion; defines basic standards of care.
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A01721 Actions:

BILL NOA01721
 
01/09/2009referred to health
04/28/2009reported referred to ways and means
01/06/2010referred to health
02/23/2010reported referred to ways and means
07/01/2010held for consideration in ways and means
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A01721 Floor Votes:

There are no votes for this bill in this legislative session.
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A01721 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1721
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2009
                                       ___________
 
        Introduced by M. of A. GOTTFRIED, CLARK, DINOWITZ, ORTIZ, TITUS, EDDING-
          TON,  ENGLEBRIGHT,  PAULIN,  GREENE  -- Multi-Sponsored by -- M. of A.
          AUBRY, BRADLEY, BRENNAN,  CAHILL,  COLTON,  GUNTHER,  HOOPER,  JACOBS,
          JAFFEE,  JOHN,  KOON,  LIFTON,  McENENY, PHEFFER, P. RIVERA, ROBINSON,
          SWEENEY, TOWNS, WEISENBERG, WRIGHT -- read once and  referred  to  the

          Committee on Health
 
        AN  ACT  to amend the public health law, in relation to establishing the
          nursing home diversion program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings and intent. The legislature finds that
     2  in many New York state nursing homes, residents are not getting adequate
     3  or proper care.
     4    Adequate direct nursing care is especially important to the health and
     5  safety  of  nursing  home residents.   A recent congressionally-mandated
     6  study by centers for medicare and medicaid services  concluded  that  if
     7  nursing  home residents receive less than three hours a day per resident
     8  of direct nursing care, they are "substantially at risk of quality prob-
     9  lems."
    10    If a nursing home is not providing its residents adequate  and  proper

    11  food,  bedding,  heating,  cooling,  or nursing care, it is dangerous to
    12  place additional residents in that nursing home.
    13    Therefore, the legislature  establishes  the  nursing  home  diversion
    14  program, to provide that in the event that a nursing home is not provid-
    15  ing  its  residents adequate and proper food, bedding, heating, cooling,
    16  or nursing care, it shall not admit  new  residents  until  it  provides
    17  adequate and proper care.
    18    §  2.  The public health law is amended by adding a new section 2807-z
    19  to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00979-01-9

        A. 1721                             2
 

     1    § 2807-z. Nursing home diversion. 1.   Definitions. As  used  in  this
     2  section,  unless  the  context clearly requires otherwise, the following
     3  terms have the following meanings:
     4    (a)  "Basic  standard  of care" means any of the standards of care set
     5  out in subdivision five of this section.
     6    (b) "On diversion" means the state of being subject  to  nursing  home
     7  diversion and required to suspend admissions under this section.
     8    2.  When  to  place  on diversion. (a) Wherever a nursing home has not
     9  been providing one of the basic standards of care for  a  period  of  at
    10  least  forty-eight consecutive hours, it shall immediately be subject to
    11  nursing home diversion and shall immediately notify  the  department  of

    12  that fact and the reasons for it.
    13    (b)  Whenever  the  department  determines that a nursing home has not
    14  been providing one of the basic standards of care for  a  period  of  at
    15  least  forty-eight consecutive hours, the nursing home shall immediately
    16  be subject to nursing home diversion and the department shall immediate-
    17  ly notify the nursing home of that fact and the reasons for it.
    18    3. Diversion; consequences. (a) When a nursing home is  on  diversion,
    19  it  shall  not admit any additional persons as a resident of the nursing
    20  home.  However, a person who has been a resident of the nursing home but
    21  has been temporarily absent from the nursing home may be re-admitted  to
    22  the nursing home even when it is on diversion.

    23    (b)  The department shall immediately notify appropriate hospitals and
    24  nursing homes that the nursing home is on diversion, and shall  place  a
    25  notice  on  its  website  that the nursing home is on diversion. While a
    26  nursing home is on diversion, it shall notify any  person  or  represen-
    27  tative  of  a  person who applies for admission that it is on diversion,
    28  and shall place a conspicuous, easily-readable  notice  that  it  is  on
    29  diversion  where  it  will  be  readily seen by residents of the nursing
    30  home.
    31    4. Termination of diversion. (a) A nursing  home  on  diversion  shall
    32  remain  on  diversion until it has resumed providing all basic standards
    33  of care for at least six consecutive days, at which time it  may  notify

    34  the  department  that  it  is  complying with this subdivision and is no
    35  longer on diversion. The nursing home may then  resume  admitting  resi-
    36  dents.
    37    (b)  The  department  shall then immediately so notify every entity it
    38  had notified that the nursing home  was  on  diversion  and  delete  the
    39  notice  from the department's website. The nursing home shall remove the
    40  notice it had posted that it was on diversion.
    41    5. Basic standards of care. The basic standards of care  for  purposes
    42  of  this section are the following, including compliance with department
    43  regulations relating to the following:
    44    (a) Adequate quantity and quality of food for each resident.
    45    (b) One bed for each resident, with appropriate bedding.

    46    (c) Adequate heating and cooling of all parts of the nursing home.
    47    (d) Adequate direct care nursing staff. This means, for each  day,  an
    48  average  of  at  least  three hours of direct nursing care per resident,
    49  including at least one hour of care by a registered nurse or a  licensed
    50  practical  nurse,  of  which  at least thirty minutes shall be care by a
    51  registered nurse.
    52    6. Compliance.   The department shall  monitor  compliance  with  this
    53  section  through  audits,  inspections,  required  reporting  by nursing
    54  homes, and other appropriate means.
    55    § 3. This act shall take effect on the one hundred eightieth day after
    56  it shall become a law, provided, however,  that  effective  immediately,


        A. 1721                             3
 
     1  the  addition,  amendment and/or repeal of any rule or regulation neces-
     2  sary for the implementation of this act on its effective date is author-
     3  ized and directed to be made and completed by the department  of  health
     4  on or before such effective date.
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