senate Bill S7024

2013-2014 Legislative Session

Requires dialysis center disaster preparedness plans

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 16, 2014 referred to veterans, homeland security and military affairs

S7024 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd 23-b, Exec L

S7024 - Bill Texts

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Requires dialysis center disaster preparedness plans; requires access to generators by nursing homes, assisted living facilities and dialysis centers.

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TITLE OF BILL: An act to amend the executive law, in relation to
dialysis center disaster preparedness plans


This legislation would require nursing homes, assisted living centers
and dialysis centers to have emergency generators sufficient to supply
electrical power in the event of an emergency.


The state executive law Section 23-b is amended to require nursing
homes, assisted living residences and dialysis centers to have
generators available as part of their disaster preparedness plans.


It has become readily apparent that without emergency readiness plans
in place and available emergency power directly available to health
facilities; dialysis patients are particularly vulnerable to the loss
of power. The death and destruction wrought by Hurricane Sandy and the
chaos clearly documented as a result of the loss of power to dialysis
centers and health facilities here in New York clearly emphasized that
fact. This bill would help in requiring facilities to have emergency
power generation sufficient to supply their patient's needs in the
event of catastrophic failure.

The National Kidney Foundation and other leading health organizations
concur that facilities should be required to have a backup source to
allow them to continue operations when the absence of power is a major
factor in keeping the center open.


This is a new bill.


To be determined.



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


                            I N  S E N A T E

                             April 16, 2014

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation to dialysis center disas-
  ter preparedness plans


  Section  1. Section 23-b of the executive law, as added by chapter 589
of the laws of 2008 and subdivision 4 as added by  chapter  115  of  the
laws of 2010, is amended to read as follows:
  S  23-b.  Nursing  home  [and], assisted living facility, AND DIALYSIS
CENTER plans. 1. After consultation with the commissioner of health, the
director of the office for the aging, and  the  director  of  the  state
office  of  homeland  security, the commission shall establish standards
for  nursing  homes,  adult  homes,  enriched  housing  programs  [and],
assisted  living  residences  AND  DIALYSIS  CENTERS  regarding disaster
  2. Each such facility shall be assisted  in  the  establishment  of  a
disaster  preparedness  plan. The plan shall include, but not be limited
to, the following:
  (a) Maintaining a supply of food,  water  and  to  the  extent  deemed
necessary and feasible in the reasonable judgment of the operator of the
facility,  medication  in reserve in the event that obtaining such items
should become difficult or impossible.
  (b) [In the reasonable judgment of the  facility,  having  access  to]
REQUIRING  a  generator  or  generators  sufficient to supply electrical
power to the facility.
  (c) Establishing an evacuation plan for residents OR PATIENTS  includ-
ing an alternative site suitable for temporary use.
  (d) Establishing staffing plans during a disaster.
  3.  Such plans shall be made available to the county emergency manage-
ment office.
  4. Nothing in this section shall be deemed to modify or  override  any
requirements  in  regulations  duly promulgated by a state agency, or to

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

S. 7024                             2

limit any lawful authority of a state agency to promulgate  regulations,
with  respect  to disaster preparedness of such facilities, the contents
of their disaster preparedness plans or  the  process  for  approval  of
those plans.
  S 2. This act shall take effect immediately.


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