Incident Reporting Statute: The Legislature noted that New York persistently ranks poorly in quality of care, survey and enforcement. To address these issues, PHL 2803-d was amended as follows:
- Requires reports of abuse (not just physical abuse) and neglect of residents, and misappropriation of resident property.
- DOH may require that a facility engage an independent quality monitor selected by DOH to ensure compliance with a written corrective action plan.
- If DOH finds reasonable grounds that a reported allegation may constitute a crime, DOH is required to notify appropriate law enforcement.
- Reports found to be unsubstantiated will be sealed (not expunged).
- DOH will develop forms available for download for reporting.
New statute, Public Health Law 2803-x:
- Requires operators to disclose to DOH any co-owners and contractors with familial ties to the operator.
- Prohibits operators from guarantying debt of third party who has not received establishment approval.
- Requires 90-day advance notice to DOH of any sale, mortgage or encumbrance of facility property.
- Provides for DOH recoupment of funds provided for capital investment if a facility is sold and then used for a purpose other than providing health care.
New statute, Public Health Law 2803-y:
- Requires notification to prospective residents of residency agreement terms, including rates charged to residents.
- Requires that a facility provide a copy of the approved residency agreement to a prospective resident and post the entire agreement on its website.
Effective date of new laws: April 14, 2020.
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