BILL NUMBER:A11126
TITLE OF BILL: An act to amend the public health law and the social
services law, in relation to requiring residential health care facili-
ties and adult homes to advise current and prospective residents of the
financial condition of the facility
PURPOSE OR GENERAL IDEA OF BILL: Requires residential health care facil-
ities to allow patients and prospective patients to examine financial
audits.
SUMMARY OF SPECIFIC PROVISIONS: This bill shall provide written notifi-
cation to residents of all adult home, enriched housing programs, resi-
dences for adults and assisted programs where a temporary operator has
been appointed.
JUSTIFICATION: To provide patients and prospective patients with full
disclosure the current financial status of the nursing home facility or
managed residential community so that patients can make an informed
decision about admission.
PRIOR LEGISLATIVE HISTORY: New
FISCAL IMPLICATIONS: Unknown
EFFECTIVE DATE: Immediately
S T A T E O F N E W Y O R K
________________________________________________________________________
11126
I N A S S E M B L Y
May 18, 2010
___________
Introduced by M. of A. ROBINSON, BOYLAND, REILLY, MAISEL -- Multi-Spon-
sored by -- M. of A. ABBATE, BARRON, CRESPO, SCHIMEL, STIRPE -- read
once and referred to the Committee on Health
AN ACT to amend the public health law and the social services law, in
relation to requiring residential health care facilities and adult
homes to advise current and prospective residents of the financial
condition of the facility
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 2803-c of the public health law is
amended by adding a new paragraph q to read as follows:
Q. PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSUL-
TATION WITH THE DIRECTOR OF THE OFFICE FOR THE AGING, NO FACILITY SHALL
RESTRICT OR PROHIBIT ACCESS TO PATIENTS, PROSPECTIVE PATIENTS, OR TO
OMBUDSMEN, AUDITS OF NURSING HOME COMPANIES AS REQUIRED BY THE DEPART-
MENT BY SECTION TWENTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE. SUCH
AUDITS SHALL BE MADE AVAILABLE BY A MEMBER OR MEMBERS OF THE FACILITY'S
STAFF WHO SHALL BE DESIGNATED BY THE FACILITY TO PROVIDE ACCESS TO
PATIENTS, PROSPECTIVE PATIENTS AND OMBUDSMEN, WHO SHALL HAVE THE RIGHT
TO PHOTOCOPY SUCH RECORDS. THE FACILITY MAY CHARGE A REASONABLE FEE FOR
PHOTOCOPYING PURSUANT TO SUCH REGULATIONS.
S 2. Section 460-d of the social services law is amended by adding a
new subdivision 17 to read as follows:
17. THE DEPARTMENT OF HEALTH SHALL PROVIDE WRITTEN NOTIFICATION TO
RESIDENTS OF ALL ADULT HOMES, ENRICHED HOUSING PROGRAMS, RESIDENCES FOR
ADULTS AND ASSISTED LIVING PROGRAMS WHERE A TEMPORARY OPERATOR HAS BEEN
APPOINTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17128-01-0
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