S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  8247
                       2013-2014 Regular Sessions
                          I N  A S S E M B L Y
                            November 6, 2013
                               ___________
Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Health
AN ACT to amend the public health law, in relation to requiring  nursing
  homes  that maintain a trust fund or funds into which residents' money
  is deposited to conduct quarterly audits and to report the findings of
  such audits to the commissioner of public health
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1.  The  public health law is amended by adding a new section
2862-a to read as follows:
  S 2862-A. AUDITS OF TRUST FUND ACCOUNTS. 1. EACH NURSING HOME  COMPANY
SUBJECT  TO  THE  PROVISIONS  OF THIS ARTICLE SHALL, AT ITS OWN EXPENSE,
ARRANGE FOR QUARTERLY FINANCIAL AUDITS OF ALL BOOKS AND RECORDS PERTAIN-
ING TO EACH TRUST FUND ACCOUNT INTO WHICH MONEYS  OF  RESIDENTS  OF  THE
NURSING  HOME  FACILITIES OPERATED BY THE COMPANY ARE DEPOSITED. A SEPA-
RATE AUDIT SHALL BE CONDUCTED FOR EACH NURSING   HOME FACILITY  OPERATED
BY THE COMPANY IN THIS STATE.
  2.  THE  AUDITS  SHALL BE CONDUCTED BY A THIRD PARTY UNAFFILIATED WITH
THE NURSING HOME COMPANY AND SHALL  BE  CONDUCTED  FOR  THE  PURPOSE  OF
ENSURING THAT RESIDENTS' MONEYS ARE NOT MISAPPROPRIATED.
  3.  COPIES  OF  THE  REPORT  OF  SUCH  AUDITS SHALL BE PROVIDED TO THE
COMMISSIONER WITHIN SIXTY DAYS OF THE COMPLETION OF THE AUDIT.
  4. THE COMMISSIONER MAY EXAMINE AND AUDIT THE BOOKS AND RECORDS OF THE
COMPANY AT ANY TIME.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date upon which it shall become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11966-01-3