Relates to disaster preparedness plans for nursing homes and assisted living facilities; provides that standards for plans established by the disaster preparedness commission shall not override regulations adopted by any state agency.
Ayes (60): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (2): Hassell-Thomps, Morahan
TITLE OF BILL: An act to amend the executive law, in relation to nursing home and assisted living facility disaster preparedness plans
PURPOSE OR GENERAL IDEA OF BILL: This bill would relate to disaster preparedness plans for nursing homes and assisted living facilities. This is a Chapter Amendment to Chapter 589 of the Laws of 2008.
SUMMARY OF SPECIFIC PROVISIONS: Section One of the bill adds a new subdivision 4 to Section 23-b of the executive law to clarify that the measure preserves existing regulatory authority in this area of state public policy.
JUSTIFICATION: This chapter amendment would clarify that the new law shall not be deemed to modify or override duly promulgated regulations, or to limit the authority to promulgate regulations in the future, with respect to disaster preparedness of such facilities, the contents of their disaster preparedness plans or the process for approval of those plans.
PRIOR LEGISLATIVE HISTORY: 2009: A.8313 - Passed Assembly.
FISCAL IMPLICATIONS: None to State.
EFFECTIVE DATE: Immediate, and shall be deemed to have been in full force and effect on and after the effective date of September 25, 2008.
STATE OF NEW YORK ________________________________________________________________________ 8313--A Cal. No. 572 2009-2010 Regular Sessions IN ASSEMBLY May 13, 2009 ___________Introduced by M. of A. DESTITO -- read once and referred to the Commit- tee on Governmental Operations -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the executive law, in relation to nursing home and assisted living facility disaster preparedness plans THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 23-b of the executive law is amended by adding a new subdivision 4 to read as follows: 4. NOTHING IN THIS SECTION SHALL BE DEEMED TO MODIFY OR OVERRIDE ANY REQUIREMENTS IN REGULATIONS DULY PROMULGATED BY A STATE AGENCY, OR TO LIMIT ANY LAWFUL AUTHORITY OF A STATE AGENCY TO PROMULGATE REGULATIONS, WITH RESPECT TO DISASTER PREPAREDNESS OF SUCH FACILITIES, THE CONTENTS OF THEIR DISASTER PREPAREDNESS PLANS OR THE PROCESS FOR APPROVAL OF THOSE PLANS. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after September 25, 2008.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06189-02-0