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Sponsors
3 Co-sponsors
History
- Referred to aging
- 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.
Relates to requiring a registered nurse on staff at facilities certified for enhanced assisted living or special needs assisted living
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1049
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
2011-2012: S.6274-Died in Committee; 2013-2014: S.1417-A Died in Committee.
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.