Assembly Bill A4939

2019-2020 Legislative Session

Relates to the Unpredictable Nursing Home Inspection Act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-A4939 (ACTIVE) - Details

See Senate Version of this Bill:
S113
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2808-e, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3618, S2704
2023-2024: A2115, S649

2019-A4939 (ACTIVE) - Summary

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.

2019-A4939 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4939
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section 1. This act shall be known and may be cited as the "Unpredict-
 able Nursing Home Inspection Act".
   § 2. The public health law is amended by adding a new  section  2808-e
 to read as follows:
   §  2808-E. UNPREDICTABLE NURSING HOME INSPECTIONS. 1. DEFINITION.  FOR
 THE PURPOSES OF THIS SECTION, THE TERM "BUSINESS HOURS" SHALL  MEAN  THE
 HOURS  BETWEEN  EIGHT A.M. AND SIX P.M. ON A MONDAY, TUESDAY, WEDNESDAY,
 THURSDAY, OR FRIDAY, EXCLUDING FEDERALLY OBSERVED HOLIDAYS.
   2. THE DEPARTMENT SHALL CONDUCT NO MORE  THAN  SIXTY  PERCENT  OF  ALL
 NURSING HOME INSPECTIONS IN A CALENDAR YEAR DURING BUSINESS HOURS.
   3.  THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT BASED ON THE PREVIOUS
 YEAR'S NURSING HOME INSPECTIONS OUTSIDE OF BUSINESS HOURS TO THE  GOVER-
 NOR  AND ATTORNEY GENERAL NO LATER THAN THE THIRTY-FIRST OF JANUARY EACH
 YEAR. SUCH REPORT SHALL CONTAIN:
   (A) A LIST OF EACH NURSING HOME WITHIN THE STATE;
   (B) THE DATES AND TIMES  EACH  INSPECTION  WAS  COMPLETED,  SORTED  BY
 FACILITY;
   (C) A CLEAR INDICATION OF WHETHER EACH INSPECTION WAS COMPLETED DURING
 BUSINESS OR NON-BUSINESS HOURS; AND
   (D)  THE PERCENTAGE OF INSPECTIONS COMPLETED DURING BUSINESS HOURS FOR
 EACH NURSING HOME.
   4. NO DEPARTMENT OFFICIAL SHALL GIVE ANY FORM OF NOTICE OF AN  IMPEND-
 ING INSPECTION TO ANY INDIVIDUAL NOT EMPLOYED BY THE DEPARTMENT
   5.   ANY   DEPARTMENT  OFFICIAL  RESPONSIBLE  FOR  THE  SCHEDULING  OF
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.