Senate Bill S8500

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8500
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health  law,  in  relation  to  appointing  a
   supervisor  for for-profit assisted living facilities which are desig-
   nated as special focus facilities
 
   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
 4677 to read as follows:
   § 4677. FACILITIES DESIGNATED UNDER THE SPECIAL FOCUS FACILITY  INITI-
 ATIVE.  1.  THIS  SECTION  SHALL APPLY TO ALL FOR-PROFIT ASSISTED LIVING
 FACILITIES LOCATED WITHIN THE STATE.
   2. (A) THE DEPARTMENT SHALL APPOINT A  SUPERVISOR  TO  WORK  WITH  ANY
 ASSISTED  LIVING FACILITY OR NURSING HOME WHICH HAS BEEN DESIGNATED AS A
 "SPECIAL FOCUS FACILITY" BY THE FEDERAL CENTERS FOR MEDICARE  AND  MEDI-
 CAID  SERVICES,  OR  "CMS", AS PART OF THE SPECIAL FOCUS FACILITY INITI-
 ATIVE, IN ORDER TO OVERSEE, MONITOR  AND  ASSIST  SUCH  FACILITIES  WITH
 CORRECTING  NOTED DEFICIENCIES, PROPER ALLOCATION OF FUNDS AND ELIMINAT-
 ING PATTERNS OF SERIOUS PROBLEMS WITHIN SUCH FACILITY.
   (B) FOR PURPOSES OF THIS SECTION, A "SPECIAL FOCUS FACILITY" SHALL  BE
 AN  ASSISTED  LIVING FACILITY OR NURSING HOME WHICH, AFTER AN INSPECTION
 OR MULTIPLE INSPECTIONS OF THE PREMISES,  HAS  BEEN  DESIGNATED  BY  CMS
 UNDER THE SPECIAL FOCUS FACILITY INITIATIVE AS A FACILITY THAT:
   (I)  HAS MORE THAN TWICE THE AVERAGE NUMBER OF DEFICIENCIES THAN OTHER
 NURSING HOMES OR ASSISTED LIVING FACILITIES;
   (II) HAS  MORE  SERIOUS  DEFICIENCIES  THAN  OTHER  NURSING  HOMES  OR
 ASSISTED  LIVING  FACILITIES,  INCLUDING  HARM  OR INJURY EXPERIENCED BY
 RESIDENTS; OR
   (III) SHOWS A PATTERN OF SERIOUS PROBLEMS WHICH  HAVE  PERSISTED  OVER
 THE  PRIOR THREE YEARS BEFORE THE DATE A NURSING HOME OR ASSISTED LIVING
 FACILITY WAS DESIGNATED A SPECIAL FOCUS FACILITY BY CMS.
   3. A SUPERVISOR APPOINTED BY THE DEPARTMENT SHALL WORK IN  CONJUNCTION
 WITH AND MONITOR THE OWNER OR LICENSED OPERATOR OF SUCH FACILITY AND ITS
 STAFF TO PROVIDE OVERSIGHT ON ANY DEFICIENCIES CITED BY CMS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13304-01-9

 S. 8500                             2
 
   4. A SUPERVISOR APPOINTED SHALL MONITOR AND WORK WITH A FACILITY FOR A
 PERIOD  OF  FIVE  YEARS, COMMENCING ON THE DATE THAT CMS DESIGNATES SUCH
 FACILITY AS A SPECIAL FOCUS FACILITY.  THE SUPERVISOR APPOINTED SHALL BE
 RELIEVED OF ITS DUTIES ONLY IF CMS DETERMINES THAT A FACILITY HAS GRADU-
 ATED  FROM  THE  SPECIAL FOCUS FACILITY INITIATIVE AND SUPERVISION IS NO
 LONGER NECESSARY.
   5. SUPERVISORS APPOINTED BY THE DEPARTMENT  TO  WORK  WITH  A  SPECIAL
 FOCUS FACILITY SHALL HAVE THE FOLLOWING DUTIES:
   (A)  WORK IN CONJUNCTION WITH THE OWNER OR LICENSED OPERATOR AND STAFF
 MEMBERS TO MONITOR AND REMEDY ANY DEFICIENCIES CITED BY CMS AND  IMPROVE
 THE QUALITY OF LIFE OF RESIDENTS AND QUALITY OF CARE PROVIDED BY STAFF;
   (B)  ENSURE  THAT STAFFING LEVELS AT SUCH FACILITY ARE ADEQUATE AT ALL
 TIMES TO ALLOW FOR RESIDENTS TO RECEIVE MEDICATION AS NEEDED IN A TIMELY
 MANNER AND RECEIVE CARE PURSUANT TO  EACH  RESIDENT'S  RECOMMENDED  CARE
 PLAN;
   (C)  IMPROVE SUCH FACILITIES PRACTICES TO ENSURE THEY DO NOT RESULT IN
 ANY HARM OR INJURY TO ITS RESIDENTS;
   (D) ENSURE THAT SUCH FACILITY HAS ACCEPTABLE LIVING CONDITIONS FOR ITS
 RESIDENTS AT ALL TIMES AND THAT FUNDS ARE BEING  PROPERLY  ALLOCATED  TO
 MAINTAIN OR IMPROVE SUCH CONDITIONS;
   (E)  ENSURE  THAT  ESSENTIAL EQUIPMENT IS REGULARLY TESTED, MAINTAINED
 AND REPLACED, IF NECESSARY;
   (F) ENSURE EACH RESIDENT RECEIVES PERSON-CENTER CARE  CONSISTENT  WITH
 RESIDENTIAL RIGHTS IN A TIMELY AND DIGNIFIED MANNER;
   (G)  ENSURE  SUCH  FACILITY  MEETS  CMS  SAFETY  REQUIREMENTS, SUCH AS
 PROTECTION FROM FIRE HAZARDS OR PROPER EVACUATION METHODS; AND
   (H) ENSURE SUCH FACILITY IS PROPERLY STORING, PREPARING AND DELIVERING
 FOOD TO RESIDENTS IN ACCORDANCE WITH GENERAL HEALTH PRACTICES.
   6. THE DEPARTMENT AND ANY ASSIGNED SUPERVISOR SHALL FOLLOW  ALL  ADDI-
 TIONAL  GUIDELINES  AND  PROCEDURES  AS  REQUIRED BY CMS PURSUANT TO THE
 SPECIAL FOCUS FACILITY INITIATIVE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.