NY State Senate Bill 2017-S4955

Senate Bill S4955

2017-2018 Legislative Session

Requires 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to health

2017-S4955 (ACTIVE) - Details

See Assembly Version of this Bill:: A3290
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2862-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6464, A8247
2015-2016: S354, A5589
2019-2020: A3866
2021-2022: A3771

2017-S4955 (ACTIVE) - Summary

Requires 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.

2017-S4955 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4955

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require nursing homes to, at their own expense,
arrange for quarterly financial audits of all books and records
pertaining to each trust fund account into which moneys of residents
of the nursing home facilities operated by the company are deposited.
The audit 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.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the public health law by adding a new section
2862-a. Provides for nursing home companies to arrange for quarterly
financial audits, at its own expense, of all books and records
pertaining to each trust fund account in which monies of residents at
the facility is operated and deposited by the company. Requires an
unaffiliated third party to conduct a separate audit to ensure that

residents' monies are not misappropriated. Mandates that within sixty
days of the completion of the audit copies of the report shall be
provided to the commissioner. Specifies that the commissioner may
conduct an examination of books and records at any given time.

Section 2. Effective Date.

 EXISTING LAW :

None.

 JUSTIFICATION :

This legislation seeks to mimic federal regulations that require all
nursing homes that participate in Medicare and Medicaid to provide for
quarterly audits of trust fund accounts to prevent the
misappropriation of the residents' funds at nursing home companies.

 LEGISLATIVE HISTORY :

2016: S.354- REFERRED TO HEALTH/A5589- REFERRED TO HEALTH
2015: S.354- REFERRED TO HEALTH/A5589- REFERRED TO HEALTH
2014: S.6464 - Referred to Health/A.8247 - Referred to Health
2013: A.8247 - Referred to Health

 FISCAL IMPLICATIONS :

None to State and Local Government

 EFFECTIVE DATE :
This act shall take effective on the first of January, next succeeding
the date upon which it shall become a law.

2017-S4955 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4955
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
   printed to be committed 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:
   § 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.
   § 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.
                                                            LBD07276-01-7

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