NY State Senate Bill 2017-S8795B

Senate Bill S8795B

2017-2018 Legislative Session

Requires dialysis center disaster preparedness plans

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	recommitted to rules
Jun 18, 2018	ordered to third reading cal.1885 committee discharged and committed to rules
Jun 12, 2018	print number 8795c
Jun 12, 2018	amend and recommit to veterans, homeland security and military affairs
Jun 01, 2018	print number 8795b
Jun 01, 2018	amend and recommit to veterans, homeland security and military affairs
May 23, 2018	print number 8795a
May 23, 2018	amend and recommit to veterans, homeland security and military affairs
May 18, 2018	referred to veterans, homeland security and military affairs

Votes

- Jun 18, 2018 - Rules Committee Vote
  S8795B
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2018
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      Young

Bill Amendments

Original

C (Active)

2017-S8795 - Details

See Assembly Version of this Bill:: A4303
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add §23-d, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9374
2015-2016: A2726
2019-2020: S7571, A6440
2021-2022: S2788
2023-2024: S3244

2017-S8795 - Summary

Requires facilities offering dialysis services to have an alternate generated power source for use during a general power outage or disaster emergency; exemptions.

2017-S8795 - Sponsor Memo

                                
 
BILL NUMBER: S8795

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the executive law, in relation to
dialysis center disaster preparedness plans

 
PURPOSE:

This legislation would require nursing homes, assisted living centers
and dialysis centers to have emergency generators sufficient to supply
electrical power in the event of an emergency.

 
SUMMARY OF PROVISIONS:

The state executive law Section 23-b is amended to require nursing
homes, assisted living residences and dialysis centers to have genera-
tors available as part of their disaster preparedness plans.

 
JUSTIFICATION:

It has become readily apparent that without emergency readiness plans in
place and available emergency power directly available to health facili-
ties; dialysis patients are particularly vulnerable to the loss of
power. The death and destruction wrought by Hurricane Sandy and the
chaos clearly documented as a result of the loss of power to dialysis
centers and health facilities here in New York clearly emphasized that
fact. This bill would help in requiring facilities to have emergency
power generation sufficient to supply their patient's needs in the event
of catastrophic failure.

The National Kidney Foundation and other leading health organizations
concur that facilities should be required to have a backup source to
allow them to continue operations when the absence of power is a major
factor in keeping the center open.

 
LEGISLATIVE HISTORY:

A. 9374A as of 2013/2014
A. 2726 as of 2015/2016

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S8795 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8795
 
                             I N  S E N A T E
 
                               May 18, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the executive law, in relation to dialysis center disas-
   ter preparedness plans
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new  section  23-d
 to read as follows:
   § 23-D. FACILITIES OFFERING DIALYSIS SERVICES. ALL FACILITIES OFFERING
 DIALYSIS  SERVICES  SHALL  HAVE AN ALTERNATE GENERATED POWER SOURCE. FOR
 THE PURPOSES OF THIS SECTION "ALTERNATE GENERATED  POWER  SOURCE"  MEANS
 ELECTRIC  GENERATING  EQUIPMENT THAT IS OF A CAPACITY THAT IS CAPABLE OF
 PROVIDING ADEQUATE ELECTRICITY TO OPERATE  ALL  EQUIPMENT  NECESSARY  TO
 PROVIDE INDIVIDUALS WITH DIALYSIS SERVICES WHICH CAN OPERATE INDEPENDENT
 OF  THE LOCAL ELECTRIC UTILITY DISTRIBUTION SYSTEM AND PROVIDE ELECTRIC-
 ITY DURING A GENERAL POWER OUTAGE OR DISASTER EMERGENCY DECLARED  PURSU-
 ANT TO SECTION TWENTY-EIGHT OF THIS ARTICLE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03447-01-7

2017-S8795A - Details

See Assembly Version of this Bill:: A4303
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add §23-d, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9374
2015-2016: A2726
2019-2020: S7571, A6440
2021-2022: S2788
2023-2024: S3244

2017-S8795A - Summary

Requires facilities offering dialysis services to have an alternate generated power source for use during a general power outage or disaster emergency; exemptions.

2017-S8795A - Sponsor Memo

                                
 
BILL NUMBER: S8795A

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the executive law, in relation to
dialysis center disaster preparedness plans

 
PURPOSE:

This legislation would require nursing homes, assisted living centers
and dialysis centers to have emergency generators sufficient to supply
electrical power in the event of an emergency.

 
SUMMARY OF PROVISIONS:

The state executive law Section 23-b is amended to require nursing
homes, assisted living residences and dialysis centers to have genera-
tors available as part of their disaster preparedness plans.

 
JUSTIFICATION:

It has become readily apparent that without emergency readiness plans in
place and available emergency power directly available to health facili-
ties; dialysis patients are particularly vulnerable to the loss of
power. The death and destruction wrought by Hurricane Sandy and the
chaos clearly documented because of the loss of power to dialysis
centers and health facilities here in New York clearly emphasized that
fact. This bill would help in requiring facilities to have emergency
power generation sufficient to supply their patient's needs in the event
of catastrophic failure.

The National Kidney Foundation and other leading health organizations
concur that facilities should be required to have a backup source to
allow them to continue operations when the absence of power is a major
factor in keeping the center open.

 
LEGISLATIVE HISTORY:

A. 9374A as of 2013/2014
A. 2726 as of 2015/2016

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law.

2017-S8795A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8795--A
 
                             I N  S E N A T E
 
                               May 18, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to dialysis center disas-
   ter preparedness plans

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new  section  23-d
 to read as follows:
   § 23-D. FACILITIES OFFERING DIALYSIS SERVICES. ALL FACILITIES OFFERING
 DIALYSIS  SERVICES  SHALL  HAVE AN ALTERNATE GENERATED POWER SOURCE. FOR
 THE PURPOSES OF THIS SECTION "ALTERNATE GENERATED  POWER  SOURCE"  MEANS
 ELECTRIC  GENERATING  EQUIPMENT THAT IS OF A CAPACITY THAT IS CAPABLE OF
 PROVIDING ADEQUATE ELECTRICITY TO OPERATE  ALL  EQUIPMENT  NECESSARY  TO
 PROVIDE INDIVIDUALS WITH DIALYSIS SERVICES WHICH CAN OPERATE INDEPENDENT
 OF  THE LOCAL ELECTRIC UTILITY DISTRIBUTION SYSTEM AND PROVIDE ELECTRIC-
 ITY DURING A GENERAL POWER OUTAGE OR DISASTER EMERGENCY DECLARED  PURSU-
 ANT TO SECTION TWENTY-EIGHT OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03447-02-8

2017-S8795B - Details

See Assembly Version of this Bill:: A4303
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add §23-d, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9374
2015-2016: A2726
2019-2020: S7571, A6440
2021-2022: S2788
2023-2024: S3244

2017-S8795B - Summary

Requires facilities offering dialysis services to have an alternate generated power source for use during a general power outage or disaster emergency; exemptions.

2017-S8795B - Sponsor Memo

                                
 
BILL NUMBER: S8795B

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the executive law, in relation to
dialysis center disaster preparedness plans

 
PURPOSE:

This legislation would require nursing homes, assisted living centers
and dialysis centers to have emergency generators sufficient to supply
electrical power in the event of an emergency.

 
SUMMARY OF PROVISIONS:

The state executive law Section 23-b is amended to require nursing
homes, assisted living residences and dialysis centers to have genera-
tors available as part of their disaster preparedness plans.

 
JUSTIFICATION:

It has become readily apparent that without emergency readiness plans in
place and available emergency power directly available to health facili-
ties; dialysis patients are particularly vulnerable to the loss of
power. The death and destruction wrought by Hurricane Sandy and the
chaos clearly documented as a result of the loss of power to dialysis
centers and health facilities here in New York clearly emphasized that
fact. This bill would help in requiring facilities to have emergency
power generation sufficient to supply their patient's needs in the event
of catastrophic failure.

The National Kidney Foundation and other leading health organizations
concur that facilities should be required to have a backup source to
allow them to continue operations when the absence of power is a major
factor in keeping the center open.

 
LEGISLATIVE HISTORY:

A. 9374A as of 2013/2014
A. 2726 as of 2015/2016

 
FISCAL IMPLICATIONS:

None for NYS. Will prevent worsening of chronic health conditions that
will lead to more expensive and intensive medical care and even death.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S8795B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8795--B
 
                             I N  S E N A T E
 
                               May 18, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the executive law, in relation to dialysis center disas-
   ter preparedness plans
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The executive law is amended by adding a new section 23-d
 to read as follows:
   § 23-D. FACILITIES OFFERING DIALYSIS SERVICES. ALL FACILITIES OFFERING
 DIALYSIS SERVICES SHALL HAVE AN ALTERNATE POWER SOURCE. FOR THE PURPOSES
 OF THIS SECTION  "ALTERNATE  POWER  SOURCE"  MEANS  ELECTRIC  GENERATING
 EQUIPMENT  THAT  IS  OF A CAPACITY THAT IS CAPABLE OF PROVIDING ADEQUATE
 ELECTRICITY TO OPERATE ALL EQUIPMENT NECESSARY  TO  PROVIDE  INDIVIDUALS
 WITH  DIALYSIS SERVICES WHICH CAN OPERATE INDEPENDENT OF THE LOCAL ELEC-
 TRIC UTILITY DISTRIBUTION SYSTEM AND PROVIDE ELECTRICITY DURING A GENER-
 AL POWER OUTAGE OR DISASTER EMERGENCY DECLARED PURSUANT TO SECTION TWEN-
 TY-EIGHT OF THIS ARTICLE.  THE PROVISIONS OF THIS SECTION SHALL  NOT  BE
 CONSTRUED  TO  APPLY  TO A PATIENT'S HOME OR OTHER LOCATION. WHEREBY THE
 PRIMARY PURPOSE OF THAT LOCATION IS NOT TO PROVIDE HEALTH CARE,  INCLUD-
 ING  A  TRAINING  LOCATION  THAT  TRAINS  PATIENTS ON DIALYSIS THERAPIES
 INTENDED TO BE  CONDUCTED PRIMARILY BY ONE'S SELF IN THEIR OWN  HOME  OR
 OTHER LOCATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03447-06-8

2017-S8795C (ACTIVE) - Details

See Assembly Version of this Bill:: A4303
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add §23-d, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9374
2015-2016: A2726
2019-2020: S7571, A6440
2021-2022: S2788
2023-2024: S3244

2017-S8795C (ACTIVE) - Summary

Requires facilities offering dialysis services to have an alternate generated power source for use during a general power outage or disaster emergency; exemptions.

2017-S8795C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8795C

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the executive law, in relation to dialysis center disas-
ter preparedness plans

 
PURPOSE:

This legislation would require nursing homes, assisted living centers
and dialysis centers to have emergency generators sufficient to supply
electrical power in the event of an emergency.

 
SUMMARY OF PROVISIONS:

The state executive law Section 23-b is amended to require nursing
homes, assisted living residences and dialysis centers to have genera-
tors available as part of their disaster preparedness plans.

JUSTIFICATION:

It has become readily apparent that without emergency readiness plans in
place and available emergency power directly available to health facili-
ties; dialysis patients are particularly vulnerable to the loss of
power. The death and destruction wrought by Hurricane Sandy and the
chaos clearly documented as a result of the loss of power to dialysis
centers and health facilities here in New York clearly emphasized that
fact. This bill would help in requiring facilities to have emergency
power generation sufficient to supply their patient's needs in the event
of catastrophic failure.

The National Kidney Foundation and other leading health organizations
concur that facilities should be required to have a backup source to
allow them to continue operations when the absence of power is a major
factor in keeping the center open.

 
LEGISLATIVE HISTORY:

A. 9374A as of 2013/2014
A. 2726 as of 2015/2016

 
FISCAL IMPLICATIONS:

None for NYS. Will prevent worsening of chronic health conditions that
will lead to more expensive and intensive medical care and even death.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S8795C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8795--C
 
                             I N  S E N A T E
 
                               May 18, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to dialysis center disas-
   ter preparedness plans
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new  section  23-d
 to read as follows:
   § 23-D. FACILITIES OFFERING DIALYSIS SERVICES. ALL FACILITIES OFFERING
 DIALYSIS SERVICES SHALL HAVE AN ALTERNATE POWER SOURCE. FOR THE PURPOSES
 OF THIS SECTION "ALTERNATE POWER SOURCE" MEANS EQUIPMENT THAT IS CAPABLE
 OF  PROVIDING ADEQUATE ELECTRICITY TO OPERATE ALL EQUIPMENT NECESSARY TO
 PROVIDE INDIVIDUALS WITH DIALYSIS SERVICES WHICH CAN OPERATE INDEPENDENT
 OF THE LOCAL ELECTRIC UTILITY DISTRIBUTION SYSTEM AND PROVIDE  ELECTRIC-
 ITY  DURING A GENERAL POWER OUTAGE OR DISASTER EMERGENCY DECLARED PURSU-
 ANT TO SECTION TWENTY-EIGHT OF THIS ARTICLE.   THE  PROVISIONS  OF  THIS
 SECTION  SHALL  NOT  BE  CONSTRUED TO APPLY TO A PATIENT'S HOME OR OTHER
 LOCATION WHERE THE PRIMARY PURPOSE OF THAT LOCATION IS  NOT  TO  PROVIDE
 HEALTH CARE, INCLUDING A TRAINING LOCATION THAT TRAINS PATIENTS ON DIAL-
 YSIS  THERAPIES  INTENDED  TO  BE   CONDUCTED PRIMARILY BY ONE'S SELF IN
 THEIR OWN HOME OR OTHER LOCATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03447-08-8

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Senate Bill S8795B

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Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S8795 - Details

2017-S8795 - Summary

2017-S8795 - Sponsor Memo

2017-S8795 - Bill Text download pdf

2017-S8795A - Details

2017-S8795A - Summary

2017-S8795A - Sponsor Memo

2017-S8795A - Bill Text download pdf

2017-S8795B - Details

2017-S8795B - Summary

2017-S8795B - Sponsor Memo

2017-S8795B - Bill Text download pdf

2017-S8795C (ACTIVE) - Details

2017-S8795C (ACTIVE) - Summary

2017-S8795C (ACTIVE) - Sponsor Memo

2017-S8795C (ACTIVE) - Bill Text download pdf

Comments