NY State Senate Bill 2025-S9087

Current 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2026	referred to health

2025-S9087 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2803-w, Pub Health L

2025-S9087 (ACTIVE) - Summary

Provides for requirements under written corrective plans for residential health care facilities; requires such facilities to make payments to the department for independent quality monitors; provides for minimum staffing and monitoring frequency for such facilities; makes related provisions.

2025-S9087 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9087

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law, in relation to independent quali-
ty monitors for residential health care facilities

 
PURPOSE:

To strengthen and clarify the Department of Health's authority to
require independent quality monitors in residential health care facili-
ties with serious and recurring deficiencies, and to ensure that moni-
toring leads to sustained improvements in resident care, staffing, and
safety.

 
SUMMARY OF PROVISIONS:

This bill amends section 2803-w of the public health law governing the
use of independent quality monitors in residential health care facili-
ties. It clarifies when monitoring may be required and establishes clear
expectations for what monitoring must include once imposed.

The bill requires that mandatory corrective plans address core opera-
tional failures that place residents at risk, including excessive admin-
istrative spending unrelated to direct care, compliance with minimum
staffing standards already established in law, required infrastructure
repairs, measurable performance benchmarks, and defined deadlines for
remediation.

The bill strengthens the role of independent quality monitors by requir-
ing regular on-site inspections, prompt reporting of conditions that
pose immediate danger to residents, and continued oversight until
sustained compliance is demonstrated. It establishes minimum monitoring
periods, objective criteria for terminating monitoring, and post-moni-
toring reporting requirements to prevent backsliding.

The bill also enhances transparency and accountability by routing moni-
tor payments through the Department of Health, requiring public report-
ing on monitored facilities, and authorizing civil penalties and addi-
tional enforcement actions for noncompliance.

 
JUSTIFICATION:

Recent experience in Central New York highlights the need for clearer
and more effective oversight tools for residential health care facili-
ties with persistent quality and safety problems. In Syracuse, large
nursing homes have cycled on and off federal lists identifying facili-
ties with serious deficiencies, reflecting the difficulty of achieving
lasting improvement through inspections and short-term enforcement
actions alone.

The Van Duyn Center for Rehabilitation and Nursing, a major provider in
the region, has faced repeated findings of serious operational deficien-
cies over a number of years and was ultimately designated a federal
Special Focus Facility. Following a state investigation, the facility
entered into a settlement that included the appointment of independent
health and financial monitors. That intervention demonstrated the value

of sustained, independent oversight in cases involving chronic noncom-
pliance.

At the same time, the experience showed that existing law provides
limited structure around how monitoring is conducted and when it should
end. Without clear standards, facilities may temporarily improve while
under scrutiny, only to regress once oversight is lifted. This bill
responds by strengthening the independent monitoring framework to focus
on staffing, direct care, and measurable performance, and by requiring
sustained compliance before monitoring can be teiiiiinated.

By clarifying expectations and reinforcing accountability, this legis-
lation helps ensure that independent quality monitoring serves as a
meaningful tool for protecting residents, supporting caregivers, and
restoring public confidence in long-tem' care facilities that have expe-
rienced serious and recurring problems.

 
FISCAL IMPLICATIONS:

To be detefIllined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9087 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9087
 
                             I N  S E N A T E
 
                             January 30, 2026
                                ___________
 
 Introduced  by  Sen.  MAY  --  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 independent quali-
   ty monitors for residential health care facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 2803-w of the public health law, as added by chap-
 ter 677 of the laws of 2019, is amended to read as follows:
   § 2803-w. Independent quality monitors  for  residential  health  care
 facilities.  1.  The  department  may  require a residential health care
 facility to contract with an independent quality monitor  selected,  and
 on  reasonable  terms  determined,  by  the  department,  pursuant  to a
 selection process conducted notwithstanding sections one hundred  twelve
 or  one  hundred  sixty-three  of the state finance law, for purposes of
 monitoring the  operator's  compliance  with  a  written  and  mandatory
 corrective plan and reporting to the department on the implementation of
 such  corrective  action,  when  the  department  has  determined in its
 discretion that operational deficiencies exist  at  such  facility  that
 show:
   [1.]  (A)  a  condition  or conditions in substantial violation of the
 standards for health, safety, or resident care  established  in  law  or
 regulation that constitute a danger to resident health or safety;
   [2.]  (B) a pattern or practice of habitual violation of the standards
 of health, safety, or resident care established in law or regulation; or
   [3.] (C) any other condition dangerous to resident  life,  health,  or
 safety.  [Such written]
   2.  WRITTEN mandatory corrective plans CREATED PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION shall include:
   (A) caps on administrative and general costs  that  are  unrelated  to
 providing  direct  care  (including  providing at least minimum staffing
 levels as determined by the department) or care coordination;
   (B) A REQUIREMENT THAT THE RESIDENTIAL HEALTH CARE  FACILITY  MAINTAIN
 COMPLIANCE  WITH  THE  STAFFING  RATIOS PROVIDED FOR NURSING HOMES UNDER
 SECTION TWENTY-EIGHT HUNDRED NINETY-FIVE-B OF THIS CHAPTER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14558-01-6
 S. 9087                             2
 
   (C) REQUIRED INFRASTRUCTURE IMPROVEMENTS, REPAIRS AND/OR  REPLACEMENTS
 NECESSARY TO ENSURE RESIDENT SAFETY AND CODE COMPLIANCE;
   (D) SPECIFIC PERFORMANCE BENCHMARKS FOR IMPROVEMENT OF THE RESIDENTIAL
 HEALTH  CARE FACILITY'S DEFICIENCIES IDENTIFIED UNDER SUBDIVISION ONE OF
 THIS SECTION; AND
   (E) A SPECIFIC COMPLETION DEADLINE FOR REMEDIATION OF THE DEFICIENCIES
 IDENTIFIED UNDER SUBDIVISION ONE OF THIS SECTION.
   3. PAYMENTS MADE  BY  A  RESIDENTIAL  HEALTH  CARE  FACILITY  FOR  THE
 SERVICES  PROVIDED  BY  AN  INDEPENDENT  QUALITY  MONITOR  PURSUANT TO A
 CONTRACT ENTERED INTO UNDER SUBDIVISION ONE OF  THIS  SECTION  SHALL  BE
 PAID BY SUCH RESIDENTIAL HEALTH CARE FACILITY TO THE DEPARTMENT, AND THE
 DEPARTMENT  SHALL  REMIT SUCH PAYMENTS TO SUCH INDEPENDENT QUALITY MONI-
 TOR. NO SUCH PAYMENTS SHALL BE MADE DIRECTLY FROM A  RESIDENTIAL  HEALTH
 CARE FACILITY TO AN INDEPENDENT QUALITY MONITOR.
   4. AN INDEPENDENT QUALITY MONITOR SELECTED PURSUANT TO SUBDIVISION ONE
 OF  THIS  SECTION  SHALL REQUIRE THE RESIDENTIAL HEALTH CARE FACILITY TO
 REPORT ON ITS COMPLIANCE WITH THE WRITTEN  CORRECTIVE  PLAN,  AND  SHALL
 PERFORM AN ON-SITE INSPECTION, EVERY TWO WEEKS. SUCH INDEPENDENT QUALITY
 MONITOR  SHALL  REQUIRE  SUCH RESIDENTIAL HEALTH CARE FACILITY TO REPORT
 IMMEDIATELY ON ANY CONDITIONS DETERMINED TO PRESENT IMMEDIATE DANGER  TO
 RESIDENT LIFE, HEALTH, OR SAFETY.
   5.  (A)  AN INDEPENDENT QUALITY MONITOR SELECTED TO PROVIDE MONITORING
 SERVICES FOR A RESIDENTIAL HEALTH CARE FACILITY PURSUANT TO  SUBDIVISION
 ONE OF THIS SECTION SHALL PROVIDE SUCH MONITORING SERVICES FOR A MINIMUM
 OF ONE YEAR. SUCH MONITORING SERVICES SHALL NOT BE TERMINATED UNLESS THE
 DEPARTMENT DETERMINES THAT SUCH RESIDENTIAL HEALTH CARE FACILITY HAS:
   (I)  DEMONSTRATED SUSTAINED COMPLIANCE WITH ALL REQUIREMENTS UNDER ITS
 WRITTEN CORRECTIVE PLAN FOR AT LEAST SIX CONSECUTIVE MONTHS;
   (II) RECEIVED  NO  DEFICIENCIES  IDENTIFIED  AS  PRESENTING  IMMEDIATE
 DANGER  TO RESIDENT LIFE, HEALTH, OR SAFETY DURING INSPECTIONS CONDUCTED
 BY THE STATE OR THE INDEPENDENT QUALITY MONITOR  DURING  THE  MONITORING
 PERIOD;
   (III)  MET  MINIMUM  STAFFING REQUIREMENTS AS PROVIDED UNDER PARAGRAPH
 (B) OF SUBDIVISION TWO OF THIS SECTION; AND
   (IV) BEEN REMOVED FROM THE CENTERS FOR MEDICARE AND MEDICAID SERVICES'
 SPECIAL FOCUS FACILITY PROGRAM, IF APPLICABLE.
   (B) A RESIDENTIAL HEALTH CARE FACILITY FOR WHICH  MONITORING  SERVICES
 HAVE  BEEN  TERMINATED SHALL SUBMIT A QUARTERLY REPORT TO THE DEPARTMENT
 FOR  THE  ONE-YEAR  PERIOD  FOLLOWING  SUCH  TERMINATION,  DEMONSTRATING
 CONTINUED  COMPLIANCE  IN  AVOIDING  OPERATIONAL DEFICIENCIES IDENTIFIED
 UNDER SUBDIVISION ONE OF THIS SECTION.
   (C) WHERE A RESIDENTIAL HEALTH  CARE  FACILITY  FOR  WHICH  MONITORING
 SERVICES  HAVE  BEEN TERMINATED IS AGAIN FOUND TO HAVE OPERATIONAL DEFI-
 CIENCIES IDENTIFIED UNDER PARAGRAPH (A), (B) OR (C) OF  SUBDIVISION  ONE
 OF  THIS  SECTION  WITHIN  THE  THREE-YEAR  PERIOD AFTER SUCH MONITORING
 SERVICES HAVE BEEN TERMINATED, SUCH MONITORING SERVICES SHALL  BE  REIN-
 STATED FOR A MINIMUM OF EIGHTEEN MONTHS.
   6. THE DEPARTMENT SHALL MAINTAIN PUBLICLY ON ITS WEBSITE A LIST OF ALL
 RESIDENTIAL  HEALTH  CARE  FACILITIES  BEING  MONITORED PURSUANT TO THIS
 SECTION, SUMMARIES OF ALL REPORTS SUBMITTED BY SUCH  RESIDENTIAL  HEALTH
 CARE  FACILITIES PURSUANT TO THIS SECTION, AND A REGISTRY OF RESIDENTIAL
 HEALTH CARE FACILITIES THAT HAVE COMPLETED, OR FAILED TO  COMPLETE,  THE
 MONITORING REQUIREMENTS UNDER THIS SECTION.
   7. THE DEPARTMENT SHALL BE AUTHORIZED TO IMPOSE A CIVIL PENALTY OF ONE
 THOUSAND DOLLARS PER DAY AGAINST A RESIDENTIAL HEALTH CARE FACILITY THAT
 FAILS TO COMPLY WITH THE MONITORING REQUIREMENTS UNDER THIS SECTION. THE
 S. 9087                             3

 DEPARTMENT  MAY REVOKE SUCH RESIDENTIAL HEALTH CARE FACILITY'S OPERATING
 CERTIFICATE AFTER FOURTEEN DAYS OF SUCH NON-COMPLIANCE.  THE  DEPARTMENT
 MAY  ASSUME  TEMPORARY  MANAGEMENT  AUTHORITY OF SUCH RESIDENTIAL HEALTH
 CARE FACILITY AFTER THIRTY DAYS OF SUCH NON-COMPLIANCE.
   8.  THE  DEPARTMENT SHALL BE AUTHORIZED TO PROMULGATE ANY RULES AND/OR
 REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately.

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Senate Bill S9087

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Actions

2025-S9087 (ACTIVE) - Details

2025-S9087 (ACTIVE) - Summary

2025-S9087 (ACTIVE) - Sponsor Memo

2025-S9087 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rachel May

Current Bill Status - In Senate Committee Health Committee

Actions

2025-S9087 (ACTIVE) - Details

2025-S9087 (ACTIVE) - Summary

2025-S9087 (ACTIVE) - Sponsor Memo

2025-S9087 (ACTIVE) - Bill Text download pdf

Comments