S T A T E   O F   N E W   Y O R K
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                                  7402

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2013
                               ___________

Introduced  by  M.  of A. MILLMAN, RAIA -- read once and referred to the
  Committee on Health

AN ACT in relation to the formulation and implementation of a  statewide
  plan  for  evacuation and disaster and emergency preparedness plans at
  nursing homes and assisted living facilities, requiring inspections of
  such facilities to ensure compliance  with  the  state-wide  plan  and
  requiring  the  department  of  health  to  prepare a report including
  recommendations and guidelines relative to the  existence,  placement,
  and  maintenance  of  emergency power equipment in hospitals and other
  facilities licensed under article 28 of the public health law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Within  one  year  of  the effective date of this act the
department of health, in consultation with the office for the aging  and
the  emergency  management office of the department of homeland security
and emergency services shall conduct a comprehensive review of recommen-
dations made in the following reports:  the  Department  of  Health  and
Human  Services,  "Supplemental  Information  Regarding  the Centers for
Medicare & Medicaid Services Emergency Preparedness Checklist for Health
Care Facilities" (OEI-06-09-00271) (April 13, 2012); the  Department  of
Health and Human Services report "Gaps Continue to Exist in Nursing Home
Emergency  Preparedness and Response During Disasters" (OEI-06-09-00270)
(March 2012); Manhattan Borough President Scott M.    Stringer's  Report
"No  Way  Out:  An Analysis of the New York State Department of Health's
Role in Preparing Nursing Homes For Emergencies"  (December  2006);  and
the  Assembly  Committee  on  Corporations, Authorities and Commission's
"Final Report on New York City Emergency Response and  Evacuation  Plans
in the Event of a Weather-Related Emergency" (March 23, 2006). Upon such
review,  such agencies may request any additional supporting information
or input from stakeholders, facility residents, advocacy groups, facili-
ty operators, and any  government  or  public  entity  deemed  relevant,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11015-02-3
              

A. 7402                             2

including,  but  not limited, to the office of long term care ombudsman.
As part of this review, such agencies may focus an additional  study  on
the  evacuation  of  nursing homes and assisted living facilities during
Hurricane Sandy with the goal of developing regulations to address prob-
lems.
  S  2.  Within one year of the completion of such review the department
of health shall issue a report detailing  any  statutory  or  regulatory
changes  it  recommends to facilitate a comprehensive statewide plan for
evacuation and disaster and  emergency  preparedness  plans  at  nursing
homes and assisted living facilities.
  S  3. The commissioner of the department of health shall establish and
implement an inspection system whereby all nursing  homes  and  assisted
living  facilities are reviewed for compliance with regulations pertain-
ing to evacuation, disaster and emergency preparedness plans  every  six
months.  The  commissioner  shall  ensure  that investigators conducting
inspections are regularly trained on the assessment  of  facilities  and
compliance with all regulations.
  S 4. Within one year of the effective date of this act, the department
of  health,  in consultation with the emergency management office of the
department of homeland security and emergency services, shall study  the
placement and maintenance of emergency power equipment in all hospitals,
clinics  and  other  facilities  licensed under article 28 of the public
health law.  Within one year of the effective  date  of  this  act  such
agencies shall prepare a report including recommendations and guidelines
relative  to the existence, placement and maintenance of emergency power
equipment in such facilities and any recommendations  for  modifying  or
improving the availability, use and effectiveness of such equipment, and
a  determination  of  the  cost of such implementation and improvements.
Such report shall be provided to the governor, the speaker of the assem-
bly, the temporary president of the senate, the assembly minority  lead-
er, and the senate minority leader.
  S 5. This act shall take effect immediately.