BILL NUMBER:  S317

 TITLE OF BILL :
An act to amend the public health law, in relation to requiring the
installation and use of ceiling lifts in hospitals and nursing homes


 PURPOSE :
This bill would require the commissioner of the Department of Health
(DOH) to promulgate rules and regulations relating to the installation
and safe use of ceiling lifts. The bill also requires the commissioner
to ensure that new hospitals and nursing homes, and those undergoing
major renovations, are designed and built appropriately to support the
installation and use of ceiling lifts.

 SUMMARY OF PROVISIONS :
§ 1 - Amends Section 206 of the Public Health Law by adding a new
paragraph 19. This paragraph requires the commissioner of the DOH to
promulgate rules and regulations necessary to ensuring that the
construction or major renovation of hospitals and nursing homes is
done appropriately to support the installation and use of ceiling
lifts. The paragraph also requires the commissioner to promulgate
rules and regulations to ensure the actual installation and safe use
of ceiling lifts in a manner and number consistent with other similar
facilities and patient needs.

              

§ 2 - Sets forth the effective date of this act.

 JUSTIFICATION :
Data from the U.S. Bureau of Labor Statistics consistently shows the
health care industry has among the highest occupational injury rates
of all industries. Injury rates are particularly high among nursing
home and hospital staff that are responsible for manually moving,
transferring and repositioning mobility-impaired patients. Nearly
one-half of all nursing home injuries are the direct result of lifting
and moving patients.

Most states, including New York, have begun to recognize that manual
lifting of patients should be a thing of the past. No-lift policies
substantially reduce injuries amongst patients and staff and the
resulting savings more than offset the costs of using lifts. While
mobile lifts are a marked improvement over manual lifting, data and
case studies demonstrate overwhelmingly that ceiling lifts are far
superior to mobile lifts in nearly every respect: greater reduction in
patient and employee injuries; greater financial savings from lower
insurance costs and injury costs; greater reductions in lost hours and
staff turnover.

While it is generally accepted in the nursing home and hospital
industries that ceiling lifts can and do provide great benefits in
relation to patient care and employee-injuries, health care facilities
are often not designed to support their use. This legislation would
require that the major renovation or construction of nursing homes and
hospitals in New York State be done in such a way as to allow for the
safe installation and use of ceiling lifts.  This legislation would
also require the actual installation and use of ceiling lifts where
they can be safely installed.

 LEGISLATIVE HISTORY :
S.7653/A.11863 of 2005/2006; Referred to Senate Health
S.315/A.8165 of 2007/2008; Referred to Senate Health

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect 120 days after it shall have become law.