What's happening
This bill strengthens oversight and transparency of residential health care facilities by expanding reporting requirements, financial disclosures, corrective action monitoring, and public access to residency agreements.
Why it matters
Expands protections for residents by requiring reports not just for physical abuse, mistreatment, and neglect, but also for misappropriation of property. meaning staff must now report suspected theft or exploitation of residents’ belongings, increasing accountability for financial abuse.
Allows the Department of Health to mandate the hiring of independent quality monitors. at facilities with serious or repeated safety violations, ensuring compliance with corrective action plans and capping administrative costs not related to direct patient care. This introduces third-party oversight when problems persist.
Requires facility operators to disclose business relationships and financial interests. including familial or common ownership with service providers—and to report property transactions and asset disposals to the state. This aims to deter conflicts of interest, self-dealing, and the diversion of public funds intended for resident care.
Improves public access and transparency by requiring facilities to provide and publish residency agreements, including non-governmental rates. , which empowers prospective residents and families to make informed choices and compare costs and terms across facilities.
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Who cares
Headline styles
Protect Residents in Care Homes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.677
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.681
- Substituted for A4757A
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1672
- Committee discharged and committed to rules
- 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.
Protect Residents in Care Homes
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5908
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to enhancing transparency and oversight of residential health care facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2803-d of the public health law, as amended by chapter 340 of the laws of 1980, subdivision 1 as amended by chapter 230 of the laws of 2004, paragraph (c) of subdivision 6 as amended by chapter 414 of the laws of 1986, paragraph (d) of subdivision 6 as amended by chapter 622 of the laws of 1980 and paragraph (g) of subdivision 6 as amended by chapter 717 of the laws of 1989, is amended to read as follows:
§ 2803-d. Reporting abuses of persons receiving care or services in residential health care facilities. 1. The following persons are required to report in accordance with this section when they have reasonable cause to believe that a person receiving care or services in a residential health care facility has been [physically] abused, mistreated [or], neglected or subjected to the misappropriation of property by other than a person receiving care or services in the facility: any operator or employee of such facility, [any person who,] or employee of any corporation, partnership, organization or other entity which, and any other person who, is under contract [to provide patient care services in] with such facility, and any nursing home administrator, physician, medical examiner, coroner, physician's associate, specialist's assistant, osteopath, chiropractor, physical therapist, occupational therapist, registered professional nurse, licensed practical nurse, dentist, podiatrist, optometrist, pharmacist, psychologist, licensed master social worker, licensed clinical social worker, speech pathologist and audiologist.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07386-04-9
S. 5908 2
2. In addition to those persons required to report suspected [physical] abuse, mistreatment [or], neglect or misappropriation of the property of persons receiving care or services in residential health care facilities, any other person may make such a report if he or she has reasonable cause to believe that a person receiving care or services has been [physically] abused, mistreated [or], neglected or subjected to the misappropriation of property in the facility.
3. Reports of suspected [physical] abuse, mistreatment [or], neglect or the misappropriation of property made pursuant to this section shall be made immediately by telephone and in writing within forty-eight hours to the department. The department shall provide forms, which shall be available to be downloaded from the department's website, which may be, but are not required to be, used for making the written reports. Written reports shall [be made on forms supplied by the commissioner and shall] include the following information: the identity of the person making the report and where he can be found; the name and address of the residential health care facility; the names of the operator and administrator of the facility, if known; the name of the subject of the alleged [physical] abuse, mistreatment [or], neglect or misappropriation of property, if known; the nature and extent of the [physical] abuse, mistreatment [or], neglect or misappropriation of property; the date, time and specific location of the occurrence; the names of next of kin or sponsors of the subject of the alleged [physical] abuse, mistreatment [or], neglect or misappropriation of property, if known; and any other information which the person making the report believes would be helpful to further the purposes of this section. Such written reports shall be admissible in evidence, consistent with the provisions of paragraph (f) of subdivision six of this section, in any actions or proceedings relating to [physical] abuse, mistreatment [or], neglect or misappropriation of property of persons receiving care or services in residential health care facilities. Written reports made other than on forms supplied by the commissioner which contain the information required herein shall be treated as if made on such forms.
4. Any person who in good faith makes a report pursuant to this section shall have immunity from any liability, civil or criminal, for having made such a report. For the purpose of any proceeding, civil or criminal, the good faith of any person required to report instances of [physical] abuse, mistreatment [or], neglect or misappropriation of property of persons receiving care or services in residential health care facilities shall be presumed.
5. Notwithstanding the provisions of section two hundred thirty of this chapter, any licensed person who commits an act of [physical] abuse, mistreatment [or], neglect or misappropriation of property of a person receiving care or services in a residential health care facility and any licensed person required by this section to report an instance of suspected [physical] abuse, mistreatment [or], neglect or misappropriation of property of a person receiving care or services in a residential health care facility who fails to do so shall be guilty of unprofessional conduct in the practice of his or her profession.
6. (a) Upon receipt of a report made pursuant to this section, the commissioner shall cause an investigation to be made of the allegations contained in the report. Notification of the receipt of a report shall be made immediately by the department to the appropriate district attorney if a prior request in writing has been made to the department by the district attorney. At any time, if the department determines that there is a reasonable belief that a reported allegation may constitute a crime
S. 5908 3
under the laws of the state of New York or the United States, the department shall notify the appropriate law enforcement official or authority. Prior to the completion of the investigation by the department, [every] reasonable effort shall be made to notify, personally or by certified mail, any person under investigation for having committed an act of [physical] abuse, mistreatment [or], neglect or misappropriation of property. The commissioner shall make a written determination, based on the findings of the investigation, of whether or not sufficient credible evidence exists to sustain the allegations contained in the report or would support a conclusion that a person not named in such report has committed an act of [physical] abuse, neglect [or], mistreatment or misappropriation of property. A copy of such written determination, together with a notice of the right to a hearing as provided in this subdivision, shall be sent by registered or certified mail to each person who the commissioner has determined has committed an act of [physical] abuse, neglect [or], mistreatment or misappropriation of property. A letter shall be sent to any other person alleged in such report to have committed such an act stating that a determination has been made that there is not sufficient evidence to sustain the allegations relating to such person. A copy of each such determination and letter shall be sent to the facility in which the alleged incident occurred.
(b) The commissioner may make a written determination, based on the findings of the investigation, that sufficient credible evidence exists to support a conclusion that a person required by this section to report suspected [physical] abuse, mistreatment [or], neglect or misappropriation of property had reasonable cause to believe that such an incident occurred and failed to report such incident. A copy of such written determination, together with a notice of the right to a hearing as provided in this subdivision, shall be sent by registered or certified mail to each person who the commissioner has determined has failed to report as required by this section.
(c) All information relating to any allegation which the commissioner has determined would not be sustained shall be [expunged] sealed one hundred twenty days following notification of such determination to the person who made the report pursuant to this section, unless a proceeding pertaining to such allegation is pending pursuant to article seventyeight of the civil practice law and rules. Whenever information is [expunged] sealed, the commissioner shall notify any official notified pursuant to paragraph (a) of this subdivision that the information has been [expunged] sealed.
(d) At any time within thirty days of the receipt of a copy of a determination made pursuant to this section, a person named in such determination as having committed an act of [physical] abuse, neglect [or], mistreatment or misappropriation of property, or as having failed to report such an incident, may request in writing that the commissioner amend or [expunge] seal the record of such report, to the extent such report applies to such person, or such written determination. If the commissioner does not comply with such request within thirty days, such person shall have the right to a fair hearing to determine whether the record of the report or the written determination should be amended or [expunged] sealed on the grounds that the record is inaccurate or the determination is not supported by the evidence. The burden of proof in such hearing shall be on the department. Whenever information is [expunged] sealed, the commissioner shall notify any official notified
S. 5908 4
pursuant to paragraph (a) of this subdivision that the information has been [expunged] sealed.
(e) Except as hereinafter provided, any report, record of the investigation of such report and all other information related to such report shall be confidential and shall be exempt from disclosure under article six of the public officers law.
(f) Information relating to a report made pursuant to this section shall be disclosed under any of the following conditions:
(i) pursuant to article six of the public officers law after [expungement] sealing or amendment, if any, is made in accordance with a hearing conducted pursuant to this section, or at least forty-five days after a written determination is made by the commissioner concerning such report, whichever is later; provided, however, that the identity of the person who made the report, the victim, or any other person named, except a person who the commissioner has determined committed an act of [physical] abuse, neglect [or], mistreatment or misappropriation of property, shall not be disclosed unless such person authorizes such disclosure;
(ii) as may be required by the penal law or any lawful order or warrant issued pursuant to the criminal procedure law; or
(iii) to a person who has requested a hearing pursuant to this section, information relating to the determination upon which the hearing is to be conducted; provided, however, that the identity of the person who made the report or any other person who provided information in an investigation of the report shall not be disclosed unless such person authorizes such disclosure.
(g) Where appropriate, the commissioner shall report instances of [physical] abuse, mistreatment [or], neglect or misappropriation of property or the failure to report as required by this section, to the appropriate committee on professional conduct for the professions enumerated in subdivision one of this section when a determination has been made after the commissioner has provided an opportunity to be heard. The commissioner shall report instances of [physical] abuse, mistreatment, neglect [or], misappropriation of [resident] property by a nurse aide or other unlicensed individual and any brief statement by the nurse aide or other unlicensed individual disputing the finding to the nursing home nurse aide registry established pursuant to section twenty-eight hundred three-j of this article when a determination has been made after the commissioner has provided an opportunity to be heard.
7. In addition to any other penalties prescribed by law, any person who commits an act of [physical] abuse, neglect [or], mistreatment or misappropriation of property, or who fails to report such an act as provided in this section, shall be deemed to have violated this section and shall be liable for a penalty pursuant to section twelve of this chapter after an opportunity to be heard pursuant to this section.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to enhancing transparency and oversight of residential health care facili- ties
Purpose or general idea of bill
To strengthen obligations to report abuse of nursing home residents, establish independent quality monitoring of written corrective action plans, and improve transparency relating to facility assets, service contracts, debt obligations, sale and notification to prospective resi- dents.
Summary of specific provisions
Section 1 amends Public Health Law
§ 2803-d to expand the duty to all facility employees and contractors to report to DOH abuse (not just physical abuse), add theft from residents to the report obligation, and require reports not sustained to be sealed rather than expunged.
Section 2 adds a new PHL § 2803-w to authorize appointment of independ- ent quality monitors, chosen by DOH, to assure compliance with nursing home written corrective action plans.
Section 3 adds a new PHL § 2803-x to require disclosure to DOH of any co-owners or contractors with familial ties to the operator, limit debt obligation, and require 90 day notice to the Department of sale, mort- gage or any encumbrance of facility property. This section would also recoup state funds for capital investment if a facility is sold and then used for a purpose other than providing health care.
Section 4 adds a new PHL § 2803-y to require notification to prospective residents of residency agreement terms including rates charged to resi- dents.
Justification
Nursing home facilities, services and populations have changed in recent decades, and while New. York's limits on corporate ownership of health facilities has shielded our facilities from egregious abuses publicized in other states, New York persistently ranks poorly in quality of care, survey and enforcement.
This bill is drawn from an earlier DOH program bill aimed at moderniza- tion, with additional features intended to enhance transparency and accountability and enforcement efficacy. These reforms are overdue. Our older adults and incapacitated residents deserve these protections.
Prior legislative history
New bill
Fiscal implications
None
Effective date
120 days after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.