Requires the department of health to conduct 40% of its inspections on nursing homes outside of business hours; requires department of health inspections of nursing homes to be conducted without prior notice to a nursing home; requires an annual nursing home inspection report.
STATE OF NEW YORK
________________________________________________________________________
649
2023-2024 Regular Sessions
IN SENATE
January 5, 2023
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the "Unpredictable
Nursing Home Inspection Act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Unpredict-
2 able Nursing Home Inspection Act".
3 § 2. The public health law is amended by adding a new section 2808-f
4 to read as follows:
5 § 2808-f. Unpredictable nursing home inspections. 1. Definition. For
6 the purposes of this section, the term "business hours" shall mean the
7 hours between eight A.M. and six P.M. on a Monday, Tuesday, Wednesday,
8 Thursday, or Friday, excluding federally observed holidays.
9 2. The department shall conduct no more than sixty percent of all
10 nursing home inspections in a calendar year during business hours.
11 3. The department shall submit an annual report based on the previous
12 year's nursing home inspections outside of business hours to the gover-
13 nor and attorney general no later than the thirty-first of January each
14 year. Such report shall contain:
15 (a) a list of each nursing home within the state;
16 (b) the dates and times each inspection was completed, sorted by
17 facility;
18 (c) a clear indication of whether each inspection was completed during
19 business or non-business hours; and
20 (d) the percentage of inspections completed during business hours for
21 each nursing home.
22 4. No department official shall give any form of notice of an impend-
23 ing inspection to any individual not employed by the department
24 5. Any department official responsible for the scheduling of
25 inspections who violates the provisions of this section shall be subject
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00399-01-3
S. 649 2
1 to suspension without pay and/or termination, as determined by the
2 attorney general.
3 § 3. On the effective date of this act, the governor shall send a copy
4 of this act to the attorney general.
5 § 4. This act shall take effect immediately.
