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S3844Senate2009-2010 SessionSame asA1721

Subjects nursing homes not providing basic standards of care to nursing home diversion

Sponsor Thomas K. DuaneSD-29Affects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Health

What's happening

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Who cares

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Sponsors

Primary sponsor
Thomas K. Duane

Senator · Senate District 29

No co-sponsors yet.

History

  1. Referred to health
  2. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1721Assembly

Subjects nursing homes not providing basic standards of care to nursing home diversion

In Assembly Committee · Ways And Means · Sponsor Richard Gottfried

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to establishing the nursing home diversion program

Purpose

To divert new admissions to nursing homes when ~hey are unable to maintain safe and appropriate standards

Summary of provisions

Amends the Public Health Law by adding section 2807-x. subdivision 1 establishes definitions. Subdivision 2 provides that a nursing home must report to the Department of Health and implement diversion whenever it has been out of compliance with standards set in this section for 48 hours. It also allows the Department to make such a finding and to require the nursing home to go on diversion. Subdivision 3 requires that a nursing home shall not accept any new residents when on diversion. The Department of Health would notify hospitals and nursing homes that the nursing home is on diversion. Subdivision 4 states that a nursing home placed on diversion shall be on diversion until it has complied with all standards of care for at least six consecutive days. Subdivision 5 establishes that the basic standards of care required for this section are adequate food, one bed for each resident, adequate heating and cooling, and adequate direct care nursing staff. Adequate direct care nursing staff is defined as enough staff to provide an average of at least 3 hours of direct nursing care per resident.

Existing law

None.

Justification

A recent study by the Federal Center for Medicare and Medicaid Services found that anything less than three hours of direct nursing care per resident results in less than adequate care for residents of nursing homes. This legislation would establish that finding as a minimum level of care for residents of New York State nursing home residents and places them at risk. In addition this bill would require adequate food, bedding and temperature control. Nursing homes that are unable to comply with such minimum standards should not be accepting new residents until they are able to adequately care for them.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Local fiscal implications

To be determined.

Effective date

180 days after it becomes a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.