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

                                  3863

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M. of A. RAIA, ALFANO, CONTE, ERRIGO, FINCH, McKEVITT --
  Multi-Sponsored by -- M. of A. BARCLAY, BARRA, BURLING, GIGLIO,  McDO-
  NOUGH,  MILLER,  O'MARA,  QUINN,  RABBITT, SAYWARD, TEDISCO, WALKER --
  read once and referred to the Committee on Aging

AN ACT directing the office for the  aging,  in  consultation  with  the
  department  of  health  and  other entities, to conduct a study of the
  comprehensiveness and effectiveness of evacuation  plans  for  nursing
  homes  and other facilities housing elderly individuals in the case of
  an emergency or natural disaster

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

  Section  1. 1.   The New York state office for the aging, in consulta-
tion with the department of health, the New York state emergency manage-
ment office, the New York state office of public security, and any other
public entity deemed relevant, shall conduct a study into the comprehen-
siveness and effectiveness of the evacuation plans, in the event  of  an
emergency,  natural  disaster  or  terrorist  attack, for nursing homes,
assisted living facilities and other facilities which house a population
of elderly individuals who are partly or wholly dependent on their care-
givers.
  2. Within one year of the effective date of this act the participating
agencies shall prepare a report which shall include, but not be  limited
to  guidelines  and  recommendations  of the participating entities with
regard to evacuation of such facilities and  plans  for  improving  such
plans, if necessary, and a determination of the cost of such implementa-
tion  and  improvements.  Such report shall be provided to the governor,
the speaker of the assembly, the temporary president of the senate,  the
assembly  minority  leader,  the  senate  minority leader and the chair-
persons and ranking members of the senate  and  assembly  committees  on
aging  and  health.  Such report shall also be made available on any web

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06606-01-9

              

A. 3863                             2

sites maintained by the office for the aging, the department  of  health
and other participating agencies.
  S  2.  Within  one  year  of the publication of the report required by
section one of this act all nursing homes,  assisted  living  facilities
and  other  housing for partly or wholly dependent elderly persons shall
comply with the guidelines developed and incorporate the recommendations
set forth by the participating agencies.
  S 3. The department of health shall, in the course of mandated  yearly
inspections of nursing homes, assisted living facilities and other simi-
lar  facilities,  review  the  evacuation  plans  of such facilities and
ensure that the guidelines and recommendations of the report  are  being
adhered to.
  S 4. The department of health, the New York state emergency management
office  and the New York state office of public security shall study the
placement and maintenance of emergency power equipment in all hospitals,
clinics and other facilities licensed under article  28  of  the  public
health law. Within one year of the effective date of this act such agen-
cies  shall  prepare  a  report including recommendations and guidelines
relative to the existence, placement and maintenance of emergency  power
equipment  in  such  facilities and any recommendations for modifying or
improving the availability, use and effectiveness of such equipment, and
a determination of the cost of  such  implementation  and  improvements.
Such  reports  shall  be  provided  to  the governor, the speaker of the
assembly, the temporary president of the senate, the  assembly  minority
leader,  the  senate  minority  leader  and the chairpersons and ranking
members of the senate and assembly committees on aging and health.  Such
report  shall  also be made available on any web sites maintained by the
office for the aging, the department of health and  other  participating
agencies.
  S 5. This act shall take effect immediately.