Bill Text: NY A11126 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires residential health care facilities to allow patients and prospective patients to examine financial audits; provides for notice to patients when a temporary operator has been appointed.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2010-05-18 - referred to health [A11126 Detail]

Download: New_York-2009-A11126-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         11126
                                 I N  A S S E M B L Y
                                     May 18, 2010
                                      ___________
       Introduced  by M. of A. ROBINSON, BOYLAND, REILLY, MAISEL -- Multi-Spon-
         sored by -- M. of A.  ABBATE, BARRON, CRESPO, SCHIMEL, STIRPE --  read
         once and referred to the Committee on Health
       AN  ACT  to  amend the public health law and the social services law, in
         relation to requiring residential health  care  facilities  and  adult
         homes  to  advise  current  and prospective residents of the financial
         condition of the facility
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 2803-c of the public health law is
    2  amended by adding a new paragraph q to read as follows:
    3    Q.  PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSUL-
    4  TATION WITH THE DIRECTOR OF THE OFFICE FOR THE AGING, NO FACILITY  SHALL
    5  RESTRICT  OR  PROHIBIT  ACCESS  TO PATIENTS, PROSPECTIVE PATIENTS, OR TO
    6  OMBUDSMEN, AUDITS OF NURSING HOME COMPANIES AS REQUIRED BY  THE  DEPART-
    7  MENT  BY  SECTION  TWENTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE.  SUCH
    8  AUDITS SHALL BE MADE AVAILABLE BY A MEMBER OR MEMBERS OF THE  FACILITY'S
    9  STAFF  WHO  SHALL  BE  DESIGNATED  BY  THE FACILITY TO PROVIDE ACCESS TO
   10  PATIENTS, PROSPECTIVE PATIENTS AND OMBUDSMEN, WHO SHALL HAVE  THE  RIGHT
   11  TO  PHOTOCOPY SUCH RECORDS. THE FACILITY MAY CHARGE A REASONABLE FEE FOR
   12  PHOTOCOPYING PURSUANT TO SUCH REGULATIONS.
   13    S 2. Section 460-d of the social services law is amended by  adding  a
   14  new subdivision 17 to read as follows:
   15    17.  THE  DEPARTMENT  OF  HEALTH SHALL PROVIDE WRITTEN NOTIFICATION TO
   16  RESIDENTS OF ALL ADULT HOMES, ENRICHED HOUSING PROGRAMS, RESIDENCES  FOR
   17  ADULTS  AND ASSISTED LIVING PROGRAMS WHERE A TEMPORARY OPERATOR HAS BEEN
   18  APPOINTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   19    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17128-01-0