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Assembly Bill A3618

2021-2022 Legislative Session

Enacts the Unpredictable Nursing Home Inspection Act

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Archive: Last Bill Status - In Assembly Committee

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2021-A3618 (ACTIVE) - Details

See Senate Version of this Bill:
S2704
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2808-e, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4939, S113
2023-2024: A2115, S649
2025-2026: A2309, S1998

2021-A3618 (ACTIVE) - Summary

Requires the department of health to conduct 40% of its inspections on nursing homes outside of business hours; requires department of health inspections of nursing homes to be conducted without prior notice to a nursing home; requires an annual nursing home inspection report.

2021-A3618 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3618
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M. of A. HAWLEY, NORRIS -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to the "Unpredictable
   Nursing Home Inspection Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "Unpredict-
 able Nursing Home Inspection Act".
   §  2.  The public health law is amended by adding a new section 2808-e
 to read as follows:
   § 2808-E. UNPREDICTABLE NURSING HOME INSPECTIONS. 1. DEFINITION.   FOR
 THE  PURPOSES  OF THIS SECTION, THE TERM "BUSINESS HOURS" SHALL MEAN THE
 HOURS BETWEEN EIGHT A.M. AND SIX P.M. ON A MONDAY,  TUESDAY,  WEDNESDAY,
 THURSDAY, OR FRIDAY, EXCLUDING FEDERALLY OBSERVED HOLIDAYS.
   2.  THE  DEPARTMENT  SHALL  CONDUCT  NO MORE THAN SIXTY PERCENT OF ALL
 NURSING HOME INSPECTIONS IN A CALENDAR YEAR DURING BUSINESS HOURS.
   3. THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT BASED ON THE  PREVIOUS
 YEAR'S  NURSING HOME INSPECTIONS OUTSIDE OF BUSINESS HOURS TO THE GOVER-
 NOR AND ATTORNEY GENERAL NO LATER THAN THE THIRTY-FIRST OF JANUARY  EACH
 YEAR. SUCH REPORT SHALL CONTAIN:
   (A) A LIST OF EACH NURSING HOME WITHIN THE STATE;
   (B)  THE  DATES  AND  TIMES  EACH  INSPECTION WAS COMPLETED, SORTED BY
 FACILITY;
   (C) A CLEAR INDICATION OF WHETHER EACH INSPECTION WAS COMPLETED DURING
 BUSINESS OR NON-BUSINESS HOURS; AND
   (D) THE PERCENTAGE OF INSPECTIONS COMPLETED DURING BUSINESS HOURS  FOR
 EACH NURSING HOME.
   4.  NO DEPARTMENT OFFICIAL SHALL GIVE ANY FORM OF NOTICE OF AN IMPEND-
 ING INSPECTION TO ANY INDIVIDUAL NOT EMPLOYED BY THE DEPARTMENT
   5.  ANY  DEPARTMENT  OFFICIAL  RESPONSIBLE  FOR  THE   SCHEDULING   OF
 INSPECTIONS WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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