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.