Bill Text: NY S00649 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO HEALTH [S00649 Detail]

Download: New_York-2023-S00649-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           649

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 5, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  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 the "Unpredictable
          Nursing Home Inspection Act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the "Unpredict-
     2  able Nursing Home Inspection Act".
     3    §  2.  The public health law is amended by adding a new section 2808-f
     4  to read as follows:
     5    § 2808-f. Unpredictable nursing home inspections. 1. Definition.   For
     6  the  purposes  of this section, the term "business hours" shall mean the
     7  hours between eight A.M. and six P.M. on a Monday,  Tuesday,  Wednesday,
     8  Thursday, or Friday, excluding federally observed holidays.
     9    2.  The  department  shall  conduct  no more than sixty percent of all
    10  nursing home inspections in a calendar year during business hours.
    11    3. The department shall submit an annual report based on the  previous
    12  year's  nursing home inspections outside of business hours to the gover-
    13  nor and attorney general no later than the thirty-first of January  each
    14  year. Such report shall contain:
    15    (a) a list of each nursing home within the state;
    16    (b)  the  dates  and  times  each  inspection was completed, sorted by
    17  facility;
    18    (c) a clear indication of whether each inspection was completed during
    19  business or non-business hours; and
    20    (d) the percentage of inspections completed during business hours  for
    21  each nursing home.
    22    4.  No department official shall give any form of notice of an impend-
    23  ing inspection to any individual not employed by the department
    24    5.  Any  department  official  responsible  for  the   scheduling   of
    25  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.
                                                                   LBD00399-01-3
        S. 649                              2

     1  to  suspension  without  pay  and/or  termination,  as determined by the
     2  attorney general.
     3    § 3. On the effective date of this act, the governor shall send a copy
     4  of this act to the attorney general.
     5    § 4. This act shall take effect immediately.