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August 10, 2022 | Alerts

Proposed New York State Legislation Concerning Nursing Homes and Adult Care Facilities

Proposed New York State Legislation Concerning Nursing Homes and Adult Care Facilities

PROPOSED NEW YORK STATE LEGISLATION CONCERNING NURSING HOMES AND ADULT CARE FACILITIES

Current as of July 7, 2021

Assembly
Bill No.
Senate 
Bill No.
Purpose
A00232 No Same As Increases monetary penalties for public health law violations and provides support for the nursing home quality improvement demonstration program.
A00244 No Same As Formalizes HERDS reporting; requires the Department of Health to share aggregate data from reports with reporting entities and the public.
A1010A S02022A All nursing homes and other residential health care facilities inspection results during the COVID-19 state disaster emergency shall be made public.
A02432 S02847 Relates to the closure of nursing homes.
A03131A S01080A Establishes requirements for facilities during a state disaster emergency involving a disease outbreak; requires DOH issue guidance regarding precautions and procedures to maintain health and safety; establishes facility reporting requirements.
A03622 S02705 Imposes a nursing home purchase moratorium on those who own or have owned failing facilities for twenty-four months since their last violation.
A04539 S01162 Requires the department of health to provide written, public updates to the Draft New York State’s COVID-19 Vaccination Program Plan.
A05436 No Same As  S00612
before Assembly amended
Implements the Long-Term Care Ombudsman Program Reform Act.
A05446 S04029 Requires the department of health to post on its website certain data relating to COVID-19 cases in hospitals and nursing homes, including total COVID-19 cases and deaths in nursing homes.
A05685 No Same As Establishes a required resident care spending ratio for nursing homes.
A05842 S05269 To end the establishment or expansion of for-profit nursing homes.
A05848 S03185 Provides information on where a list of a facility’s violations and other actions against it can be found and requires the facility to inform certain persons on where they can locate the list.
A06052 S05177 Adds 12-hour notification requirements when resident or staff infection is discovered, and have a plan in place for effective separation of residents suspected of being infectious.
A06057A
Formerly
A01999
S01783A Directs the department of health to establish and implement an infection inspection audit and checklist on residential care facilities, nursing homes and long-term care facilities.
A06610 S03061 Outlines requirements for reporting COVID-19, communicable diseases and deaths.
No Same As
– See
A05436
S00612 Implements the Long-Term Care Ombudsman Program Reform Act.
No Same As S01593 Allows an adult home, EALR, ALR, or SNALR to provide for nursing services that are not continual, either by arrangement with a provider of nursing services or by employment.
No Same As S03060 Requires operators of nursing homes and residential health care facilities to provide notification of certain contracts and agreements to all residents, representatives, staff and the office of the long-term care ombudsman.
No Same As S03061 Outlines requirements for reporting COVID-19, communicable diseases and deaths due to such communicable diseases for the commissioner of health, state institutions, and hospitals.
No Same As S04336 Directs the commissioner of health to establish a direct patient care ratio reporting and rebate requirement for nursing homes.
A05847 S02191 Relates to antimicrobial resistance prevention and education; requires every general hospital and nursing home to establish and implement an antimicrobial stewardship program and establish and implement training regarding antimicrobial resistance and infection prevention and control.
A03922A S00598B Enacts the “Reimagining Long Term Care Task Force Act” to create a task force to study the state of long-term care services in New York
Final Bill No.
S01784
Requires adult care facilities to include quality improvement committees; includes a focus on infection control in such facilities’ quality assurance plans.
Final Bill No.
S03185
Requires facilities to make a list of violations and other actions against it readily available.
Final Bill No. A02037 Requires every nursing home to prominently display it’s most recent CMS rating on DOH’s website and at each nursing home facility.

 

ENACTED NEW YORK STATE LEGISLATION CONCERNING NURSING HOMES AND ADULT CARE FACILITIES

Current as of July 7, 2021

Assembly
Bill No.
Senate
Bill No.
Purpose
A03007 S02507 Implements the Governor’s budget.
A05684A S04893A Requires operators of nursing homes and residential health care facilities to provide notification of certain contracts and agreements to all residents, representatives, staff and the office of the long-term care ombudsman.
A03397 S05177 Repeals the Emergency or Disaster Treatment Protection Act (EDTPA).
Final Bill No.
S00614B
Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.
Final Bill No.
S03058
Establishes requirements for transfer, discharge and voluntary discharge from residential health care facilities
A00108B S01168 Enacts the “Safe Staffing For Quality Care Act.”

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Garfunkel Wild has been constantly tracking and monitoring the status of all proposed nursing home and residential care facility legislation. Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at [email protected].