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S6274Senate2011-2012 SessionSame asA8870

Relates to requiring a registered nurse on staff at facilities certified for enhanced assisted living or special needs assisted living

Sponsor Velmanette MontgomerySD-18+6 co-sponsorsAffects Health
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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History

  1. Committee discharged and committed to rules
  2. Notice of committee consideration - requested
  3. Referred to aging

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.

A8870Assembly

Relates to requiring a registered nurse on staff at facilities certified for enhanced assisted living or special needs assisted living

In Assembly Committee · Health · Sponsor Richard Gottfried

Full text

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

Sponsor's memo

BILL NUMBER:S6274

Title of bill

An act to amend the public health law, in relation to requiring a registered nurse on staff at facilities certified for enhanced assisted living or special needs assisted living

Purpose or general idea of bill

To require that a registered nurse be on staff five days a week to assure adequate assessment and monitoring of resident care in certain adult care facilities.

Summary of specific provisions

Amends Public Health Law section 4655 to require that adult care facilities pursuing new or renewing enhanced assisted living certificates include a registered nurse (RN) on staff a minimum of one shift per day, five days a week.

Facilities with resident populations that do not require full time oversight by the RN may employ the individual for administrative or other purposes, as well.

Determination of a resident's need for 24 hour skilled nursing care must be made by both the resident's physician and the facility's RN.

Existing facilities are given an additional 18 months to comply with the RN staffing requirement.

Justification

"Enhanced assisted living residences" (EALR) and "special needs assisted living residences" (SNALR) are categories of assisted living residences that are authorized to house residents who need a higher level of care, such as those who are chronically chairfast and unable to transfer, or suffering from significant dementia.

These individuals are inherently more fragile and more likely to be or become unstable and need full-time assistance than the general population of assisted living residents. Although under current regulatory requirements registered nurses are available on call, there is no system in place for residents to receive ongoing, in-person, professional monitoring or assessment. This type of ongoing evaluation is essential to helping residents age in place safely. This requirement had been adopted by DOH, but a court decision held that it required statutory authority, which this bill would provide.

The bill would update the requirements for obtaining or renewing certification as an EALR or SNALR to include having a full-time registered nurse on-site at the facility, employed primarily to coordinate and monitor resident care. To minimize the burden on smaller facilities, with the department's permission, the staff registered nurse may also be employed in an administrative or other capacity.

Prior legislative history

New bill.

Fiscal implications

None to the state.

Effective date

Ninety days after becoming law.

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