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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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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

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Jun 21, 2013 - Rules committee Vote

S5818
22
0
committee
22
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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S5818 - Bill Details

See Assembly Version of this Bill:
A7402
Current Committee:
Senate Health
Law Section:
Health, Commissioner of

S5818 - Bill Texts

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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.

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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.

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                    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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