senate Bill S6464

Requires nursing homes that maintain a trust fund or funds into which residents' money is deposited to conduct quarterly audits and to report the findings of such audits to the commissioner of public health

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 27 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Requires nursing homes that maintain a trust fund or funds into which residents money is deposited to conduct quarterly audits and to report the findings of such audits to the commissioner of public health.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A8247
Versions:
S6464
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2862-a, Pub Health L

Sponsor Memo

BILL NUMBER:S6464

TITLE OF BILL: An act to amend the public health law, in relation to
requiring nursing homes that maintain a trust fund or funds into which
residents' money is deposited to conduct quarterly audits and to report
the findings of such audits to the commissioner of public health

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require nursing homes to at their own expense, arrange
for quarterly financial audits of all books and records pertaining to
each trust fund account into which moneys of residents of the nursing
home facilities operated by the company are deposited. The audit shall
be conducted by a third party unaffiliated with the nursing home company
arid shall be conducted for the purpose of ensuring that residents'
moneys are not misappropriated.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the public health law by adding a new section 2862-a.
Provides for nursing home companies to arrange for quarterly financial
audits, at its own expense, of all books and records pertaining to each
trust fund account in which monies of residents at the facility is oper-
ated and deposited by the company. Requires an unaffiliated third party
to conduct a separate audit to ensure that residents' monies are not
misappropriated. Mandates that within sixty days of the completion of
the audit copies of the report shall be provided to the commissioner.
Specifies that the commissioner may conduct an examination of books and
records at any given time.

Section 2. Effective Date

EXISTING LAW:

None

JUSTIFICATION:

This legislation seeks to mimic federal regulations that require all
nursing homes that participate in Medicare and Medicaid to provide for
quarterly audits of trust fund accounts to prevent the misappropriation
of the residents' funds at nursing home companies.

LEGISLATIVE HISTORY:

2014: New Bill/A.8247-Referred to Health
2013: A.8247- Referred to Health

FISCAL IMPLICATIONS:

None to State and Local Government

EFFECTIVE DATE:

This act shall take effective on the first of January, next succeeding
the date upon which it shall become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6464

                            I N  S E N A T E

                            January 27, 2014
                               ___________

Introduced  by  Sen.  DIAZ  --  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 requiring  nursing
  homes  that maintain a trust fund or funds into which residents' money
  is deposited to conduct quarterly audits and to report the findings of
  such audits to the commissioner of public health

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
2862-a to read as follows:
  S 2862-A. AUDITS OF TRUST FUND ACCOUNTS. 1. EACH NURSING HOME  COMPANY
SUBJECT  TO  THE  PROVISIONS  OF THIS ARTICLE SHALL, AT ITS OWN EXPENSE,
ARRANGE FOR QUARTERLY FINANCIAL AUDITS OF ALL BOOKS AND RECORDS PERTAIN-
ING TO EACH TRUST FUND ACCOUNT INTO WHICH MONEYS  OF  RESIDENTS  OF  THE
NURSING  HOME  FACILITIES OPERATED BY THE COMPANY ARE DEPOSITED. A SEPA-
RATE AUDIT SHALL BE CONDUCTED FOR EACH NURSING   HOME FACILITY  OPERATED
BY THE COMPANY IN THIS STATE.
  2.  THE  AUDITS  SHALL BE CONDUCTED BY A THIRD PARTY UNAFFILIATED WITH
THE NURSING HOME COMPANY AND SHALL  BE  CONDUCTED  FOR  THE  PURPOSE  OF
ENSURING THAT RESIDENTS' MONEYS ARE NOT MISAPPROPRIATED.
  3.  COPIES  OF  THE  REPORT  OF  SUCH  AUDITS SHALL BE PROVIDED TO THE
COMMISSIONER WITHIN SIXTY DAYS OF THE COMPLETION OF THE AUDIT.
  4. THE COMMISSIONER MAY EXAMINE AND AUDIT THE BOOKS AND RECORDS OF THE
COMPANY AT ANY TIME.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date upon which it shall become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11966-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.