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.