NY State Senate Bill 2023-S3209

Senate Bill S3209

2023-2024 Legislative Session

Requires nursing homes that maintain a trust fund or funds into which residents' money is deposited to conduct quarterly audits and to report the findings of such audits to the commissioner of public health

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

View Actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Jan 30, 2023	referred to health

2023-S3209 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2862-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8359
2025-2026: S6679

2023-S3209 (ACTIVE) - Summary

2023-S3209 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3209

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring nursing
homes that maintain a trust fund or funds into which residents' money is
deposited to conduct quarterly audits and to report the findings of such
audits to the commissioner of public health

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require nursing homes to, at their own expense, arrange
for quarterly financial audits of all books and records pertaining to
each trust fund account into which moneys of residents of the nursing
home facilities operated by the company are deposited.  The audit shall
be conducted by a third party unaffiliated with the nursing home company
arid shall be conducted for the purpose of ensuring that residents'
moneys are not misappropriated.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the public health law by adding a new section 2862-a.
Provides for nursing home companies to arrange for quarterly financial
audits, at its own expense, of all books and records pertaining to each
trust fund account in which monies of residents at the facility is oper-
ated and deposited by the company. Requires an unaffiliated third party
to conduct a separate audit to ensure that residents' monies are not
misappropriated. Mandates that within sixty days of the completion of
the audit copies of the report shall be provided to the commissioner.
Specifies that the commissioner may conduct an examination of books and
records at any given time.

Section 2. Effective Date.

 
JUSTIFICATION:

This legislation seeks to mimic federal regulations that require all
nursing homes that participate in Medicare and Medicaid to maintain
trust fund accounts to prevent the misappropriation of the residents'
funds at nursing home companies.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A3866

2017-2018: A3290

2016: A.5589 - Referred to Health

2014: S.6464 - Referred to Health/A.8247 - Referred to Health

2013: A.8247 - Referred to Health

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effective on the first of January, next succeeding
the date upon which it shall become a law.

2023-S3209 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3209
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring  nursing
   homes  that maintain a trust fund or funds into which residents' money
   is deposited to conduct quarterly audits and to report the findings of
   such audits to the commissioner of public health
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2862-a to read as follows:
   § 2862-A. AUDITS OF TRUST FUND ACCOUNTS. 1. EACH NURSING HOME  COMPANY
 SUBJECT  TO  THE  PROVISIONS  OF THIS ARTICLE SHALL, AT ITS OWN EXPENSE,
 ARRANGE FOR QUARTERLY FINANCIAL AUDITS OF ALL BOOKS AND RECORDS PERTAIN-
 ING TO EACH TRUST FUND ACCOUNT INTO WHICH MONEYS  OF  RESIDENTS  OF  THE
 NURSING  HOME  FACILITIES OPERATED BY THE COMPANY ARE DEPOSITED. A SEPA-
 RATE AUDIT SHALL BE CONDUCTED FOR EACH NURSING   HOME FACILITY  OPERATED
 BY THE COMPANY IN THIS STATE.
   2.  THE  AUDITS  SHALL BE CONDUCTED BY A THIRD PARTY UNAFFILIATED WITH
 THE NURSING HOME COMPANY AND SHALL  BE  CONDUCTED  FOR  THE  PURPOSE  OF
 ENSURING THAT RESIDENTS' MONEYS ARE NOT MISAPPROPRIATED.
   3.  COPIES  OF  THE  REPORT  OF  SUCH  AUDITS SHALL BE PROVIDED TO THE
 COMMISSIONER WITHIN SIXTY DAYS OF THE COMPLETION OF THE AUDIT.
   4. THE COMMISSIONER MAY EXAMINE AND AUDIT THE BOOKS AND RECORDS OF THE
 COMPANY AT ANY TIME.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08143-01-3

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.