assembly Bill A5685A

2021-2022 Legislative Session

Relates to establishing a required resident care spending ratio for nursing homes

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Current Bill Status - Passed Assembly


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 09, 2021 referred to health
delivered to senate
passed assembly
ordered to third reading rules cal.38
rules report cal.38
reported
reported referred to rules
reported referred to ways and means
reported referred to codes
Mar 05, 2021 print number 5685a
Mar 05, 2021 amend and recommit to health
Feb 23, 2021 referred to health

Co-Sponsors

view additional co-sponsors

A5685 - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2805-aa, Pub Health L

A5685 - Summary

Requires nursing homes to spend at least the resident care amount necessary to achieve a required resident care percentage and a sufficient direct care service amount so it does not have a direct care service deficit.

A5685 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5685
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, GUNTHER, GALEF, CLARK, TAYLOR, PAULIN,
   ABINANTI,   BICHOTTE HERMELYN,  McDONALD,  HEVESI,  BRONSON,  WALLACE,
   STECK, DINOWITZ, THIELE, PERRY  --  read  once  and  referred  to  the
   Committee on Health
 
 AN  ACT  to  amend  the public health law, in relation to establishing a
   required resident care spending ratio for nursing homes
 
   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
 2805-ee to read as follows:
   § 2805-EE. NURSING HOME DIRECT CARE RATIO. 1. AS USED IN THIS SECTION,
 THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "RESIDENT CARE" MEANS: (I) DIRECT CARE BY CERTIFIED  NURSE  AIDES,
 LICENSED  PRACTICAL NURSES, AND REGISTERED NURSES; (II) SUPPORT SERVICES
 INCLUDING HOUSING, LAUNDRY, HOUSEKEEPING, FOOD SERVICE,  NURSE  ADMINIS-
 TRATION, ACTIVITY PROGRAM, SOCIAL SERVICES AND TRANSPORTATION AS IDENTI-
 FIED  IN  REPORTS  REQUIRED  BY  THE DEPARTMENT; (III) ANCILLARY PROGRAM
 SERVICES INCLUDING MEDICAL, DENTAL, PODIATRIC AND  LABORATORY  SERVICES,
 INHALATION  AND  OTHER  PHYSICAL,  MENTAL,  OCCUPATIONAL THERAPEUTICS AS
 IDENTIFIED IN REPORTS REQUIRED  BY  THE  DEPARTMENT;  AND  (IV)  PROGRAM
 SERVICES  FOR  RESIDENTS  INCLUDING  PERSONAL GROOMING, AS IDENTIFIED IN
 REPORTS REQUIRED BY THE  DEPARTMENT.  RESIDENT  CARE  DOES  NOT  INCLUDE
 ADMINISTRATIVE  COSTS  OTHER  THAN  NURSE ADMINISTRATION, CAPITAL COSTS,
 RENT, OR DEBT SERVICE.
   (B) "RESIDENT CARE AMOUNT" MEANS THE AMOUNT SPENT BY THE NURSING  HOME
 FOR  CARE OF RESIDENTS OF THE NURSING HOME; PROVIDED THAT FOR ANY AMOUNT
 SPENT FOR CONTRACTED OR PURCHASED PERSONAL SERVICES, ONLY EIGHTY PERCENT
 OF THAT AMOUNT SHALL COUNT AS SPENDING ON RESIDENT CARE.
   (C) "TOTAL OPERATING REVENUE" MEANS THE REVENUE RECEIVED BY THE  NURS-
 ING  HOME FROM OR ON BEHALF OF RESIDENTS OF THE NURSING HOME, GOVERNMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09825-02-1

Co-Sponsors

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A5685A (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2805-aa, Pub Health L

A5685A (ACTIVE) - Summary

Requires nursing homes to spend at least the resident care amount necessary to achieve a required resident care percentage and a sufficient direct care service amount so it does not have a direct care service deficit.

A5685A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5685--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, GUNTHER, GALEF, CLARK, TAYLOR, PAULIN,
   ABINANTI,   BICHOTTE HERMELYN,  McDONALD,  HEVESI,  BRONSON,  WALLACE,
   STECK,  DINOWITZ,  THIELE,  PERRY,  JACOBSON,  ENGLEBRIGHT,   JACKSON,
   CUSICK,  ANDERSON,  SIMON,  BARRETT,  SILLITTI, COOK, COLTON, McMAHON,
   AUBRY, RICHARDSON, FORREST, KELLES, BUTTENSCHON,  SANTABARBARA,  DURSO
   --  read  once  and  referred  to the Committee on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   required resident care spending ratio for nursing homes
 
   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
 2805-aa to read as follows:
   §  2805-AA.  NURSING  HOME  RESIDENT  CARE  RATIO.  1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "RESIDENT CARE" MEANS: (I) DIRECT CARE PROVIDED BY CERTIFIED NURSE
 AIDES, LICENSED PRACTICAL NURSES, AND REGISTERED  NURSES;  (II)  SUPPORT
 SERVICES  INCLUDING  HOUSING, LAUNDRY, HOUSEKEEPING, FOOD SERVICE, NURSE
 ADMINISTRATION, ACTIVITY PROGRAM, SOCIAL SERVICES AND TRANSPORTATION  AS
 IDENTIFIED  IN  REPORTS  REQUIRED  BY  THE  DEPARTMENT;  (III) ANCILLARY
 PROGRAM SERVICES INCLUDING MEDICAL,  DENTAL,  PODIATRIC  AND  LABORATORY
 SERVICES,  INHALATION AND OTHER PHYSICAL, MENTAL, OCCUPATIONAL THERAPEU-
 TICS AS IDENTIFIED IN REPORTS  REQUIRED  BY  THE  DEPARTMENT;  AND  (IV)
 PROGRAM  SERVICES  FOR RESIDENTS INCLUDING PERSONAL GROOMING, AS IDENTI-
 FIED IN REPORTS REQUIRED BY  THE  DEPARTMENT.  RESIDENT  CARE  DOES  NOT
 INCLUDE  ADMINISTRATIVE COSTS (OTHER THAN NURSE ADMINISTRATION), CAPITAL
 COSTS, RENT, OR DEBT SERVICE.
   (B) "RESIDENT CARE AMOUNT" MEANS THE AMOUNT SPENT BY THE NURSING  HOME
 FOR  CARE OF RESIDENTS OF THE NURSING HOME; PROVIDED THAT FOR ANY AMOUNT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09825-03-1