What's happening
This bill requires most nursing home inspections to occur outside regular business hours, bans advance notice, and mandates annual reporting.
Why it matters
Aims to increase the unpredictability of nursing home inspections. by requiring that at least 40% occur outside typical weekday business hours—potentially exposing issues that might be hidden during regular hours and increasing accountability.
Bans any advance notice of inspections. to nursing home staff or anyone outside the Department of Health, reducing the chance for facilities to temporarily address problems just before inspections.
Mandates detailed annual reporting. on the timing of inspections for each facility, providing transparency and enabling oversight by the Governor and Attorney General, which could highlight patterns of compliance or avoidance.
Imposes strict penalties on department officials. who violate the new rules, including possible suspension or termination, signaling a strong intent to enforce these changes and deter internal leaks or manipulation.
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Who cares
Headline styles
Surprise Nursing Home Inspections
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Held for consideration in health
- Referred to health
- 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.
Surprise Nursing Home Inspections
In Senate Committee · Health · Sponsor Robert Ortt
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4939
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. HAWLEY -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the "Unpredictable Nursing Home Inspection Act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Unpredictable Nursing Home Inspection Act".
§ 2. The public health law is amended by adding a new section 2808-e to read as follows:
§ 2808-e. Unpredictable nursing home inspections. 1. Definition. For the purposes of this section, the term "business hours" shall mean the hours between eight A.M. and six P.M. on a Monday, Tuesday, Wednesday, Thursday, or Friday, excluding federally observed holidays.
2. The department shall conduct no more than sixty percent of all nursing home inspections in a calendar year during business hours.
3. The department shall submit an annual report based on the previous year's nursing home inspections outside of business hours to the governor and attorney general no later than the thirty-first of January each year. Such report shall contain:
(a) a list of each nursing home within the state;
(b) the dates and times each inspection was completed, sorted by facility;
(c) a clear indication of whether each inspection was completed during business or non-business hours; and
(d) the percentage of inspections completed during business hours for each nursing home.
4. No department official shall give any form of notice of an impending inspection to any individual not employed by the department
5. Any department official responsible for the scheduling of inspections who violates the provisions of this section shall be subject
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05349-01-9
A. 4939 2
to suspension without pay and/or termination, as determined by the attorney general.
§ 3. On the effective date of this act, the governor shall send a copy of this act to the attorney general.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.