S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5294
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA, CLEARE, GRIFFO, WEBB -- 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 hospi-
   tals to develop a violence prevention program

   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
 2832 to read as follows:
   § 2832. VIOLENCE PREVENTION PROGRAM. 1.  EVERY GENERAL HOSPITAL  SHALL
 ESTABLISH  A VIOLENCE PREVENTION PROGRAM CONSISTENT WITH THE CENTERS FOR
 MEDICARE AND MEDICAID SERVICES  CONDITIONS  OF  PARTICIPATION  REGARDING
 EMERGENCY  EVENTS  (42  C.F.R § 482.15(D)(1) AND 24 C.F.R 482.15(A)) AND
 THE WORKPLACE VIOLENCE STANDARDS OF ANY ACCREDITING ORGANIZATION BY  THE
 CENTERS  FOR  MEDICARE  AND  MEDICAID SERVICES UNDER WHICH SUCH HOSPITAL
 MAINTAINS ACCREDITATION PROVIDED HOWEVER, SUCH STANDARDS ARE  COMPARABLE
 TO  THOSE  ESTABLISHED  BY THE JOINT COMMISSION ON HEALTH CARE ORGANIZA-
 TIONS.
   2. GENERAL HOSPITALS LOCATED IN A CITY OR COUNTY WITH A POPULATION  OF
 ONE  MILLION OR MORE SHALL BE REQUIRED TO HAVE AT LEAST ONE OFF-DUTY LAW
 ENFORCEMENT OFFICER OR TRAINED SECURITY  PERSONNEL  BE  PRESENT  AT  ALL
 TIMES IN THE EMERGENCY DEPARTMENT, EXCEPT IN EMERGENT CIRCUMSTANCES THAT
 REQUIRE A LARGE SECURITY PRESENCE ELSEWHERE IN THE FACILITY.
   3.  GENERAL  HOSPITALS  LOCATED  IN A CITY OR COUNTY WITH A POPULATION
 LESS THAN ONE MILLION SHALL BE REQUIRED TO HAVE AT  LEAST  ONE  OFF-DUTY
 LAW ENFORCEMENT OFFICER OR TRAINED SECURITY PERSONNEL ON PREMISES AT ALL
 TIMES  IN  A  MANNER  THAT PRIORITIZES PHYSICAL PRESENCE NEAR, OR WITHIN
 CLOSE PROXIMITY TO, THE  EMERGENCY  DEPARTMENT  OF  SUCH  HOSPITAL  WITH
 DIRECT  RESPONSIBILITY  TO  THE  EMERGENCY DEPARTMENT. THE PROVISIONS OF
 THIS SUBDIVISION SHALL NOT APPLY  TO  GENERAL  HOSPITALS  DESIGNATED  AS
 CRITICAL  ACCESS  HOSPITALS, SOLE COMMUNITY HOSPITALS OR RURAL EMERGENCY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00723-01-5
              

 S. 5294                             2
 
 HOSPITALS, PROVIDED HOWEVER, IF ANY SUCH HOSPITAL EXPERIENCES  INCREASED
 RATES  OF  VIOLENCE OR ABUSE OF EMERGENCY DEPARTMENT PERSONNEL EVIDENCED
 BY INTERNAL REPORTING PURSUANT TO THE  VIOLENCE  PREVENTION  PROGRAM  OR
 REPORTS  TO LAW ENFORCEMENT, THE COMMISSIONER SHALL WORK WITH SUCH CRIT-
 ICAL ACCESS HOSPITAL, SOLE COMMUNITY HOSPITAL OR RURAL EMERGENCY  HOSPI-
 TAL TO COME INTO COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION OVER
 A REASONABLE PERIOD OF TIME.
   § 2. This act shall take effect on the two hundred eightieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5294--B
     Cal. No. 893
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA, CLEARE, COMRIE, FAHY, GRIFFO, MATTERA,
   ROLISON, C. RYAN, WEBB, WEBER -- read twice and ordered  printed,  and
   when  printed  to  be committed to the Committee on Health -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading -- again amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN  ACT  to amend the public health law, in relation to requiring hospi-
   tals to develop a violence prevention program
 
   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
 2832 to read as follows:
   § 2832. VIOLENCE PREVENTION PROGRAM. 1.   FOR  THE  PURPOSES  OF  THIS
 SECTION,  THE TERM "FACILITY" SHALL MEAN A GENERAL HOSPITAL OR A NURSING
 HOME AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
   2. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS  SECTION,  EVERY
 FACILITY  SHALL  ESTABLISH A WORKPLACE VIOLENCE PREVENTION PROGRAM. SUCH
 PROGRAM IN A  GENERAL  HOSPITAL  SHALL  BE  CONSISTENT  WITH  REGULATORY
 REQUIREMENTS  INCLUDING  THE  CENTERS FOR MEDICARE AND MEDICAID SERVICES
 HOSPITAL CONDITIONS OF PARTICIPATION REGARDING CARING FOR PATIENTS IN  A
 SAFE  SETTING 42 CFR § 482.13(C)(2), AND EMERGENCY PREPAREDNESS 42 CFR §
 482.15(A) AND (D)(1),  AND  THE  WORKPLACE  VIOLENCE  STANDARDS  OF  ANY
 ACCREDITING ORGANIZATION DEEMED BY THE CENTERS FOR MEDICARE AND MEDICAID
 SERVICES  UNDER  WHICH  SUCH  HOSPITAL  MAINTAINS ACCREDITATION PROVIDED
 HOWEVER, SUCH STANDARDS ARE COMPARABLE TO THOSE ESTABLISHED BY THE JOINT
 COMMISSION. THE PURPOSE OF SUCH A PROGRAM SHALL  BE  TO  PROTECT  HEALTH
 CARE  WORKERS,  PATIENTS,  FACILITY RESIDENTS, AND VISITORS. THE PROGRAM
 SHALL, AT A MINIMUM, INCLUDE THE REQUIREMENTS SET FORTH IN THIS SECTION.
   3. BEGINNING JANUARY FIRST, TWO  THOUSAND  TWENTY-SEVEN,  ALL  GENERAL
 HOSPITALS  SHALL CONDUCT, NOT LESS THAN ANNUALLY, A WORKPLACE SAFETY AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00723-07-5
 S. 5294--B                          2
 
 SECURITY  ASSESSMENT  AND  DEVELOP  A  SAFETY  AND  SECURITY  PLAN  THAT
 ADDRESSES  IDENTIFIED  WORKPLACE VIOLENCE THREATS OR HAZARDS. AS PART OF
 THE PLAN, A GENERAL HOSPITAL SHALL ADOPT SECURITY MEASURES AND POLICIES,
 INCLUDING  PERSONNEL  TRAINING  POLICIES DESIGNED TO PREVENT OR MINIMIZE
 IDENTIFIED WORKPLACE VIOLENCE THREATS OR HAZARDS AND PROTECT  EMPLOYEES,
 PATIENTS,  AND  VISITORS  FROM AGGRESSIVE OR VIOLENT BEHAVIOR, INCLUDING
 BUT NOT LIMITED TO, CREDIBLE THREATS, ASSAULTS, INJURIES, AND DEATHS. IN
 CONDUCTING THE ASSESSMENT AND DEVELOPING  THE  PLAN,  GENERAL  HOSPITALS
 SHALL  ENSURE  THE ACTIVE INVOLVEMENT OF EMPLOYEES, INCLUDING THE RECOG-
 NIZED COLLECTIVE BARGAINING AGENT OR AGENTS,  IF  ANY,  AND  MAY  DO  SO
 THROUGH  ESTABLISHED GENERAL HOSPITAL SAFETY AND SECURITY COMMITTEES AND
 EXISTING LABOR MANAGEMENT COMMITTEES.  NOTHING  IN  THIS  SECTION  SHALL
 DIMINISH,  SUPPLANT  OR  RESTRICT THE RIGHTS, PRIVILEGES AND REMEDIES OF
 ANY EMPLOYEE OR COLLECTIVE BARGAINING  REPRESENTATIVE  UNDER  APPLICABLE
 LAW,  RULE  OR  REGULATION OR UNDER THE TERMS OF A COLLECTIVE BARGAINING
 AGREEMENT.
   4. THE SAFETY AND SECURITY ASSESSMENT SHALL BE TAILORED TO  THE  SIZE,
 COMPLEXITY,  AND LOCAL GEOGRAPHICAL FACTORS AFFECTING THE GENERAL HOSPI-
 TAL AND SHALL  IDENTIFY  AND  CONSIDER  RELEVANT  THREATS  AND  HAZARDS,
 INCLUDING  BUT  NOT  LIMITED  TO WORKPLACE VIOLENCE INCIDENT REPORTS AND
 INCIDENT LOGS, CONCERNS OR COMPLAINTS  RAISED  BY  EMPLOYEES,  PATIENTS,
 VISITORS  AND  RECOGNIZED  COLLECTIVE BARGAINING REPRESENTATIVES, SAFETY
 AND SECURITY CONSIDERATIONS RELATING TO THE  GENERAL  HOSPITAL'S  LAYOUT
 AND  ACCESS  POINTS,  VISITOR MANAGEMENT, AND PROTECTIVE FACTORS SUCH AS
 ACCESS CONTROL,  ENGINEERING  CONTROLS  TO  LIMIT  VIOLENCE  OR  PROTECT
 EMPLOYEES, ALARMS AND COMMUNICATION SYSTEMS, AND OTHER RELEVANT FACTORS,
 AS  APPROPRIATE  TO  THE  GENERAL HOSPITAL. ADDITIONALLY, THE ASSESSMENT
 SHALL CONSIDER THE ADEQUACY OF EMPLOYEE TRAINING POLICIES  AND  SECURITY
 PROCEDURES, INCLUDING THE HANDLING OF DISRUPTIVE OR VIOLENT PATIENTS AND
 OTHER PERSONS. HEALTH CARE WORKERS REGULARLY ASSIGNED TO PROVIDE SECURI-
 TY  IN  GENERAL HOSPITAL SETTINGS SHALL BE TRAINED REGARDING THE ROLE OF
 SECURITY IN OVERALL HOSPITAL OPERATIONS.
   5. BASED ON THE FINDINGS AND ONGOING REVIEW OF THE WORKPLACE  VIOLENCE
 ASSESSMENT, GENERAL HOSPITALS SHALL IMPLEMENT A WORKPLACE VIOLENCE SAFE-
 TY  AND  SECURITY  PLAN,  WHICH SHALL BE UPDATED AS NECESSARY TO ADDRESS
 NEWLY IDENTIFIED MATERIAL RISKS AND CHANGES IN  CONDITIONS.  THE  SAFETY
 AND  SECURITY  PLAN  SHALL  SPECIFY  METHODS TO REDUCE IDENTIFIED RISKS,
 WHICH MAY INCLUDE EMPLOYEE TRAINING, INCREASED  STAFFING  AND  SECURITY,
 ENGINEERING  CONTROLS  SUCH  AS  BARRIERS, LIGHTING, ALARMS AND COMMUNI-
 CATION SYSTEMS,  SAFETY  EQUIPMENT,  GENERAL  HOSPITAL  IMPROVEMENTS  OR
 MODIFICATIONS,  AND  OTHER  APPROPRIATE MEASURES RELEVANT TO THE GENERAL
 HOSPITAL. EACH GENERAL HOSPITAL SHALL PROVIDE A WRITTEN DETAILED SUMMARY
 OF THE SAFETY AND SECURITY PLAN TO ITS EMPLOYEES AND COLLECTIVE BARGAIN-
 ING REPRESENTATIVES, IF APPLICABLE. EACH  GENERAL  HOSPITAL  SHALL  ALSO
 PROVIDE INFORMATION TO ITS EMPLOYEES AND COLLECTIVE BARGAINING REPRESEN-
 TATIVES,  IF  APPLICABLE,  ABOUT  HOW  TO  REPORT INCIDENTS OF WORKPLACE
 VIOLENCE. EACH GENERAL HOSPITAL SHALL SHARE SUMMARIES  OF  THE  INCIDENT
 LOG,  APPROPRIATELY  REDACTED TO PROTECT THE PRIVACY OF PERSONS INVOLVED
 IN AN INCIDENT, TRENDS AND ANALYSIS OF RELEVANT DATA  WITH  THE  GENERAL
 HOSPITAL SECURITY OR SAFETY COMMITTEE RESPONSIBLE FOR WORKPLACE VIOLENCE
 AND  ENSURE  THAT  THE DATA IS PART OF THE WORKPLACE VIOLENCE ASSESSMENT
 PROCESS.
   6. NOTWITHSTANDING ANY PROVISION OF  THIS  SECTION,  COMPLIANCE  BY  A
 NURSING  HOME  WITH  THE  FEDERAL  REGULATIONS  42  CFR 483.71(A)(3) AND
 (B)(1), AND 42 CFR 483.73(A)(1), GOVERNING NURSING HOMES  SHALL  SATISFY
 S. 5294--B                          3
 
 THE REQUIREMENTS OF THIS SECTION FOR SUCH FACILITIES, PROVIDED THAT SUCH
 ASSESSMENTS AND PLANS ADDRESS WORKPLACE VIOLENCE THREATS AND HAZARDS.
   §  2.  The public health law is amended by adding a new section 2832-a
 to read as follows:
   § 2832-A. EMERGENCY DEPARTMENT SECURITY. 1. A GENERAL HOSPITAL LOCATED
 IN A CITY OR COUNTY WITH A POPULATION OF ONE MILLION OR  MORE  SHALL  BE
 REQUIRED  TO  HAVE  AT  LEAST  ONE  OFF-DUTY  LAW ENFORCEMENT OFFICER OR
 TRAINED SECURITY PERSONNEL BE PRESENT AT  ALL  TIMES  IN  THE  EMERGENCY
 DEPARTMENT,  SUBJECT  TO  EMERGENT  CIRCUMSTANCE  IN  ANY  HOSPITAL THAT
 REQUIRES AN ADJUSTMENT IN PERSONNEL.
   2. A GENERAL HOSPITAL LOCATED IN A CITY OR COUNTY  WITH  A  POPULATION
 LESS  THAN  ONE  MILLION SHALL BE REQUIRED TO HAVE AT LEAST ONE OFF-DUTY
 LAW ENFORCEMENT OFFICER OR TRAINED SECURITY PERSONNEL ON PREMISES AT ALL
 TIMES IN A MANNER THAT PRIORITIZES PHYSICAL  PRESENCE  NEAR,  OR  WITHIN
 CLOSE  PROXIMITY  TO,  THE  EMERGENCY  DEPARTMENT  OF SUCH HOSPITAL WITH
 DIRECT RESPONSIBILITY TO THE EMERGENCY DEPARTMENT. THIS SHALL NOT  APPLY
 TO  HOSPITALS  DESIGNATED  AS  CRITICAL ACCESS HOSPITALS, SOLE COMMUNITY
 HOSPITALS, OR RURAL EMERGENCY HOSPITALS. HOWEVER, IF ANY  SUCH  HOSPITAL
 EXPERIENCES INCREASED RATES OF VIOLENCE OR ABUSE OF EMERGENCY DEPARTMENT
 PERSONNEL,  BY AN AMOUNT TO BE DETERMINED BY THE COMMISSIONER, EVIDENCED
 BY INTERNAL REPORTING PURSUANT TO THE  VIOLENCE  PREVENTION  PROGRAM  OR
 REPORTS TO LAW ENFORCEMENT THE COMMISSIONER SHALL WORK WITH THE CRITICAL
 ACCESS HOSPITAL, SOLE COMMUNITY HOSPITAL, OR RURAL EMERGENCY HOSPITAL TO
 COME INTO COMPLIANCE WITH THE REQUIREMENT, TO HAVE AT LEAST ONE OFF-DUTY
 LAW ENFORCEMENT OFFICER OR TRAINED SECURITY PERSONNEL ON PREMISES AT ALL
 TIMES  IN  A  MANNER  THAT PRIORITIZES PHYSICAL PRESENCE NEAR, OR WITHIN
 CLOSE PROXIMITY TO, THE  EMERGENCY  DEPARTMENT  OF  SUCH  HOSPITAL  WITH
 DIRECT  RESPONSIBILITY  TO  THE  EMERGENCY DEPARTMENT, OVER A REASONABLE
 PERIOD OF TIME.
   § 3. This act shall take effect on the two hundred eightieth day after
 it shall have become a law.