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

                                 4261--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M.  of  A.  RAIA,  FINCH, McKEVITT, SALADINO, STEVENSON,
  MONTESANO, MILLER, GRAF -- Multi-Sponsored by --  M.  of  A.  BARCLAY,
  BLANKENBUSH,  GIGLIO, HAWLEY, JORDAN, McDONOUGH, OAKS, RABBITT, TEDIS-
  CO, TENNEY -- read once and referred to  the  Committee  on  Aging  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT directing the office for the  aging,  in  consultation  with  the
  department  of  health and other entities, to review studies conducted
  on evacuation, disaster and emergency preparedness  plans  at  nursing
  homes,  assisted  living  facilities  and  other housing for partly or
  wholly dependent persons and issue regulations aimed at correcting any
  failings found therein

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

  Section  1.  Within one year of the effective date of this act the New
York state office for the aging, in consultation with the department  of
health, the New York state emergency management office, and the New York
state office of public security, shall conduct a comprehensive review of
recommendations  made in the following reports: the Department of Health
and Human Services, "Supplemental Information Regarding the Centers  for
Medicare & Medicaid Services Emergency Preparedness Checklist for Health
Care  Facilities"  (OEI-06-09-00271),(April 13, 2012); the Department of
Health and Human Services report "Gaps Continue to Exist in Nursing Home
Emergency    Preparedness     and     Response     During     Disasters"
(OEI-06-09-00270),(March  2012);  Manhattan  Borough  President Scott M.
Stringer's Report "No Way Out An Analysis of the New York State  Depart-
ment  of  Health's  Role  in  Preparing  Nursing  Homes For Emergencies"
(December 2006); and Richard L. Brodsky chairman,  committee  on  corpo-
rations,  authorities  and  commissions  "Final  Report on New York City
Emergency Response and Evacuation Plans in the Event of a Weather-Relat-
ed Emergency", (March 23, 2006). Upon such  review,  such  agencies  may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05107-02-3
              

A. 4261--A                          2

request  any  additional supporting information or input from stakehold-
ers, facility residents, advocacy groups,  facility  operators  and  any
government  or  public entity deemed relevant including, but not limited
to  the  New  York  state office of long term care ombudsman. As part of
this review, such agencies may focus an additional study on  the  evacu-
ation of nursing homes, assisted living facilities and other housing for
partly  or wholly dependent persons during Hurricane Sandy with the goal
of developing regulations to address problems.
  S 2. Within one year of the completion of such  review  such  agencies
shall issue regulations with regard to state wide requirements for evac-
uation,  disaster  and  emergency  preparedness  plans at nursing homes,
assisted living facilities  and  other  housing  for  partly  or  wholly
dependent persons.
  S  3. The commissioner of the department of health shall establish and
implement an inspection  system  whereby  all  nursing  homes,  assisted
living  facilities  and  other  housing  for  partly or wholly dependent
persons are reviewed for compliance with regulations pertaining to evac-
uation, disaster and emergency preparedness plans every six months.  The
commissioner of the department of health shall ensure that investigators
conducting inspections are regularly trained on the assessment of facil-
ities and compliance with all regulations.  Further,  such  commissioner
may  increase  penalties  and  fines accessed against any nursing homes,
assisted living facilities  and  other  housing  for  partly  or  wholly
dependent  persons that fail to comply with regulations and requirements
for evacuation, disaster and emergency preparedness plans.
  S 4. Within one year of the effective date of this act 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 main-
tenance 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 agencies shall prepare a
report  including  recommendations and guidelines relative to the exist-
ence, placement and maintenance of emergency  power  equipment  in  such
facilities and any recommendations for modifying or improving the avail-
ability, use and effectiveness of such equipment, and a determination of
the  cost  of such implementation 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 minor-
ity  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.