Assemblyman Fred W. Thiele, Jr. today announced that he helped pass a series of bills to increase safety and improve the quality of life for New Yorkers living in nursing homes. This package reimagines nursing home care and prepares for future public health threats. The bills passed on March 9 build on the first 10 bills of the comprehensive package passed by the Assembly last week, and address issues including quality improvements, oversight, transparency and enforcement.

The COVID-19 pandemic has now raged on for a year and claimed the lives of tens of thousands of New Yorkers. Tragically, a significant number of these deaths were those who lived in nursing homes and adult care facilities. New Yorkers who lost loved ones in nursing homes faced unimaginable challenges on top of their grief, including a lack of clear communication and an inability to visit their family member or hold a proper memorial service.

Quality Improvements

A.5685-A (Gottfried) would require nursing home operators to spend 70% of revenue on resident care, and a significant portion specifically on direct care nursing staff beginning in 2022. Under this legislation, operators who fail to comply with the stated percentages would owe the difference to the state Department of Health (DOH) to be used in the Nursing Home Quality Improvement Demonstration Program.

Legislation included in the package would create new guidelines for residential health care facilities during a disease outbreak that include increasing data reporting, ensuring assistance is provided to facilities to ensure staff and patient safety and authorizing DOH to swiftly step in to address emergency situations in facilities (A.3131-A, Kim).

The package also includes a measure that would require residential health care facilities to requires residential health care facilities to provide notice to all residents and their family or caregivers within 12 hours of an infection being detected in the facility. Facilities must also be prepared to provide separate accommodations for residents at risk of infecting others (A.6052, Lunsford).

Oversight and Transparency

The Assembly also passed legislation this week to enhance oversight and transparency, including legislation that would reform the certificate of need process by which the state assures that nursing home operators are capable and committed to quality care. The bill would ensure that nursing home operators and owners who come before the Public Health and Health Planning Council for change of ownership or operations

are reviewed and approved based upon several quality metrics before they are entrusted with the care of additional individuals (A.5684-A, Gottfried). The bill also enhances transparency around related assets and operations of nursing homes, as well as applications for changes of ownership and/or operation of a facility.

The package also includes legislation that would direct the DOH to make public all inspections conducted on nursing homes and other residential health care facilities during the COVID-19 crisis (A.1010-A, Bronson).

Enforcement

Monetary penalties for public health law violations are intended to deter bad behavior and incentivize the correction of violations by health care facilities and providers. The $2,000 floor amount for such violations has not been updated since 1990, and the escalated amounts related to repeat violations or endangerment have not been updated since 2008. The Assembly has also passed legislation this week that would increase monetary penalties for public health law violations and provide support for the Nursing Home Quality Improvement Demonstration Program (A.232-C, Gottfried).¹

“As vaccine distribution continues to ramp up and we begin to see the light at the end of tunnel, we must take what we’ve learned to better protect at-risk populations and help ensure all New Yorkers receive the high- quality care they need,” Assemblyman Thiele stated. “We owe it to nursing home and adult care facility residents and staff, and their families and caregivers, to improve safety standards and promote accountability. I was proud to vote in favor of each of the important measures included in the nursing home reform package.”

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¹ https://nyassembly.gov/Press/?sec=story&story=95849