S T A T E O F N E W Y O R K
________________________________________________________________________
7402
2013-2014 Regular Sessions
I N A S S E M B L Y
May 15, 2013
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Introduced by M. of A. MILLMAN, RAIA -- read once and referred to the
Committee on Health
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
A. 7402 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.