NY State Senate Bill 2013-S5818

Senate Bill S5818

2013-2014 Legislative Session

Relates to a statewide plan for evacuation and disaster and emergency preparedness plans at nursing homes and assisted living facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to health
Jun 21, 2013	recommitted to rules ordered to third reading cal.1622
Jun 17, 2013	referred to rules

Votes

- Jun 21, 2013 - Rules Committee Vote
  S5818
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2013
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Hannon
      
      Krueger
      
      Perkins

2013-S5818 (ACTIVE) - Details

See Assembly Version of this Bill:: A7402
Current Committee:: Senate Health
Law Section:: Health, Commissioner of
Versions Introduced in 2015-2016 Legislative Session:: A5586

2013-S5818 (ACTIVE) - Summary

Relates to the formulation and implementation of a statewide plan for evacuation and disaster and emergency preparedness plans at nursing homes and assisted living facilities; requires inspections of such facilities to ensure compliance with the state-wide plan and requires the emergency management office of the department of homeland security and emergency services to prepare a report including recommendations and guidelines relative to the existence, placement and maintenance of emergency power equipment in such facilities.

2013-S5818 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5818

TITLE   OF  BILL:     An  act  in  relation  to  the  formulation  and
implementation of a statewide plan for  evacuation  and  disaster  and
emergency  preparedness  plans  at  nursing  homes and assisted living
facilities,  requiring  inspections  of  such  facilities  to   ensure
compliance  with  the  state-wide plan and requiring the department of
health to prepare a report including  recommendations  and  guidelines
relative  to  the  existence,  placement, and maintenance of emergency
power equipment in  hospitals  and  other  facilities  licensed  under
article 28 of the public health law

PURPOSE  OR  GENERAL  IDEA  OF  BILL:   The purpose of this bill is to
determine  whether  evacuation  plans  for  nursing  homes  and  other
facilities  are adequate for disasters such as Hurricane Sandy and, if
not, to ensure that the situation is remedied.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: This bill  would  require  the  Department  of  Health,  in
consultation   with  the  Office  for  the  Aging  and  the  Emergency
Management Office of the Department of Homeland Security and Emergency
Services, to conduct a comprehensive review of recommendations made in
the following reports:

*Department of Health and Human  Services,  "Supplemental  Information

Regarding  the  Centers  for  Medicare  &  Medicaid Services Emergency
Preparedness Checklist for Health Care Facilities;"

*Department of Health and Human Services, ,"Gap Continue to  Exist  in
Nursing Home Emergency Preparedness and Response During Disasters;"

*Manhattan  Borough  President  Scott  M.  Stringer,  "No  Way  Out An
Analysis of the NYS Department of Health's Role in  Preparing  Nursing
Homes For Emergencies;" and

*Assembly  Committee  on  Corporations,  Authorities, and Commissions,
"Final Report on NYC Emergency Response and Evacuation  Plans  in  the
Event of a Weather-Related Emergency".

The  review  also  would consider additional supporting information or
input from stakeholders, 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.

Section 2: Within one year of  the  completion  of  such  review,  the
Department  of  Health  would  be required to issue a report detailing
recommendations for statutory or regulatory changes.

Section 3: The Department of Health would be required to establish  an
inspection  system  whereby  all  nursing  homes  and  assisted living
facilities are reviewed for compliance with regulations pertaining  to
evacuation,  disaster,  and  emergency  preparedness  plans  every six
months.


Section 4: Within one year of the  effective  date  of  this  act  the
Department  of  Health,  in consultation with the Emergency Management
Office of the Department of Homeland Security and Emergency  Services,
would  be required to 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. The Department  of
Health  would  be  required  to  prepare  a  report that would include
recommendations and guidelines relative to the  existence,  placement,
and  maintenance  of  emergency  power  equipment  in such facilities,
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 report would be provided to
the Governor, the Speaker of the Assembly, the Temporary President  of
the  Senate,  the  Assembly  Minority  Leader  and the Senate Minority
Leader.

JUSTIFICATION:  There are currently requirements for evacuation  plans
in nursing homes and other healthcare facilities. However, these plans
did  not  take  into  account  a disaster as far-reaching as Hurricane
Sandy. Residents were  split  up  and  sent  to  different  facilities
without  adequate  records  being  kept. Family members could not find
their loved ones.   Some  nursing  homes'  evacuation  plans  included
moving  seniors  to a hospital or other facility within the same area,
but did not plan for the need to move  to  a  different  part  of  the
county  or  city.  It  is  vital  that  evacuation  planning include a
comprehensive backup in the case of a superstorm like Sandy.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S5818 (ACTIVE) - Bill Text download pdf

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

                                  5818

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT in relation to the formulation and implementation of a  statewide
  plan  for  evacuation and disaster and emergency preparedness plans at
  nursing homes and assisted living facilities, requiring inspections of
  such facilities to ensure compliance  with  the  state-wide  plan  and
  requiring  the  department  of  health  to  prepare a report including
  recommendations and guidelines relative to the  existence,  placement,
  and  maintenance  of  emergency power equipment in hospitals and other
  facilities licensed under article 28 of the public health law

  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
department of health, in consultation with the office for the aging  and
the  emergency  management office of the department of homeland security
and emergency services shall conduct a comprehensive review of recommen-
dations 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 Department of Health's
Role in Preparing Nursing Homes For Emergencies"  (December  2006);  and
the  Assembly  Committee  on  Corporations, Authorities and Commission's
"Final Report on New York City Emergency Response and  Evacuation  Plans
in the Event of a Weather-Related Emergency" (March 23, 2006). Upon such
review,  such agencies may request any additional supporting information
or input from stakeholders, facility residents, advocacy groups, facili-
ty operators, and any  government  or  public  entity  deemed  relevant,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11015-02-3

S. 5818                             2

including,  but  not limited, to the office of long term care ombudsman.
As part of this review, such agencies may focus an additional  study  on
the  evacuation  of  nursing homes and assisted living facilities during
Hurricane Sandy with the goal of developing regulations to address prob-
lems.
  S  2.  Within one year of the completion of such review the department
of health shall issue a report detailing  any  statutory  or  regulatory
changes  it  recommends to facilitate a comprehensive statewide plan for
evacuation and disaster and  emergency  preparedness  plans  at  nursing
homes and assisted living facilities.
  S  3. The commissioner of the department of health shall establish and
implement an inspection system whereby all nursing  homes  and  assisted
living  facilities are reviewed for compliance with regulations pertain-
ing to evacuation, disaster and emergency preparedness plans  every  six
months.  The  commissioner  shall  ensure  that investigators conducting
inspections are regularly trained on the assessment  of  facilities  and
compliance with all regulations.
  S 4. Within one year of the effective date of this act, the department
of  health,  in consultation with the emergency management office of the
department of homeland security and emergency services, 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
agencies 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 report shall be provided to the governor, the speaker of the assem-
bly, the temporary president of the senate, the assembly minority  lead-
er, and the senate minority leader.
  S 5. This act shall take effect immediately.

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