Bill Text: NY A04939 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the department of health to conduct 40% of its inspections on nursing homes outside of business hours; requires department of health inspections of nursing homes to be conducted without prior notice to a nursing home; requires an annual nursing home inspection report.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-07-13 - held for consideration in health [A04939 Detail]

Download: New_York-2019-A04939-Introduced.html

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                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 Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "Unpredict-
     2  able Nursing Home Inspection Act".
     3    § 2. The public health law is amended by adding a new  section  2808-e
     4  to read as follows:
     5    §  2808-e. Unpredictable nursing home inspections. 1. Definition.  For
     6  the purposes of this section, the term "business hours" shall  mean  the
     7  hours  between  eight A.M. and six P.M. on a Monday, Tuesday, Wednesday,
     8  Thursday, or Friday, excluding federally observed holidays.
     9    2. The department shall conduct no more  than  sixty  percent  of  all
    10  nursing home inspections in a calendar year during business hours.
    11    3.  The department shall submit an annual report based on the previous
    12  year's nursing home inspections outside of business hours to the  gover-
    13  nor  and attorney general no later than the thirty-first of January each
    14  year. Such report shall contain:
    15    (a) a list of each nursing home within the state;
    16    (b) the dates and times  each  inspection  was  completed,  sorted  by
    17  facility;
    18    (c) a clear indication of whether each inspection was completed during
    19  business or non-business hours; and
    20    (d)  the percentage of inspections completed during business hours for
    21  each nursing home.
    22    4. No department official shall give any form of notice of an  impend-
    23  ing inspection to any individual not employed by the department
    24    5.   Any   department  official  responsible  for  the  scheduling  of
    25  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
     1  to suspension without pay  and/or  termination,  as  determined  by  the
     2  attorney general.
     3    § 3. On the effective date of this act, the governor shall send a copy
     4  of this act to the attorney general.
     5    § 4. This act shall take effect immediately.