NY State Senate Bill 2025-S6679

Senate Bill S6679

2025-2026 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

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2025	referred to health

2025-S6679 (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
2023-2024: S3209

2025-S6679 (ACTIVE) - Summary

2025-S6679 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6679

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.

2025-S6679 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6679
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2025
                                ___________
 
 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 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11043-01-5

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