Requires installation and use of ceiling lifts for patient transfer in hospitals and nursing homes; further requires appropriate staff training in the use of ceiling lifts.

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S239A-2011 Actions

• Jan 13, 2012: PRINT NUMBER 239A
• Jan 13, 2012: AMEND AND RECOMMIT TO HEALTH
• Jan 4, 2012: REFERRED TO HEALTH
• Jan 5, 2011: REFERRED TO HEALTH

S239A-2011 Memo

BILL NUMBER:S239A

TITLE OF BILL:
An act
to amend the public health law, in relation to requiring the
installation and use of ceiling lifts in hospitals and nursing homes

PURPOSE:
This bill would require the commissioner of the Department of Health
(DOH) to promulgate rules and regulations relating to the
installation and safe use of ceiling lifts. The bill also requires
the commissioner to ensure that new hospitals and nursing homes, and
those undergoing major renovations, are designed and built
appropriately to support the installation and use of ceiling lifts.

SUMMARY OF PROVISIONS:
� 1 - Amends Section 206 of the Public Health Law by adding a new
paragraph 29. This paragraph requires the commissioner of the DOH to
promulgate rules and regulations necessary to ensuring that the
construction or major renovation of hospitals and nursing homes is
done appropriate to support the installation and use of ceiling
lifts. The paragraph al requires the commissioner to promulgate rules
and regulations to ensure the actual installation and safe use of
ceiling lifts in a manner and number consistent with other similar
facilities and patient needs.

� 2 - Sets forth the effective date of this act.

JUSTIFICATION:
Data from the U.S. Bureau of Labor Statistics consistently shows the
health care industry has among the highest occupational injury rates
of all industries. Injury rates are particularly high among nursing
home and hospital staff that are responsible for manually moving,
transferring and repositioning mobility-impaired patients. Nearly
one-half all nursing home injuries are the direct result of lifting
and moving patients. Most states, including New York, have begun to
recognize that manual lifting of patients should be a thing of the
past. No-lift policies substantially reduce injuries amongst patients
and staff and the resulting savings more than offset the costs of
using lifts. While mobile lifts are a marked improvement over manual
lifting, data and case studies demonstrate overwhelmingly that
ceiling lifts are far superior to mobile lifts in nearly every
respect: greater reduction in patient and employee injuries; greater
financial savings from lower insurance costs and injury costs;
greater reductions in lost hours and staff turnover. While it is
generally accepted in the nursing home and hospital industries that
ceiling lifts can and do provide great benefits in
relation to patient care and employee-injuries, health care facilities
are often not designed to support their use. This legislation would
require that the major renovation or construction of nursing homes
and hospitals in New York State be done in such a way as to allow for
the safe installation and use of ceiling lifts. This legislation
would also require th actual installation and use of ceiling lifts
where they can be safely installed.

LEGISLATIVE HISTORY:


S.7653/A.11863 of 2005/2006; Referred to Senate Health
S.315/A.8165   of 2007/2008; Referred to Senate Health
S.317A/A.1723  of 2009/2010; Referred to Senate Health

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect 120 days after it shall have become law.

S239A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   239--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
    printed to be committed to the Committee on Health --  recommitted  to
    the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
    committee discharged, bill amended, ordered reprinted as  amended  and
    recommitted to said committee

  AN  ACT  to  amend  the  public health law, in relation to requiring the
    installation and use of ceiling lifts in hospitals and nursing homes

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 206 of the public health law is amended by adding a
  new subdivision 29 to read as follows:

    29.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
  THAT THE CONSTRUCTION OR MAJOR RENOVATION OF HOSPITALS AND NURSING HOMES
  INCLUDE DESIGN AND CONSTRUCTION ELEMENTS CONSISTENT WITH SUPPORTING  THE
  INSTALLATION  AND PROPER USE OF CEILING LIFTS FOR USE MOVEMENT, TRANSFER
  AND REPOSITIONING OF TOTALLY PHYSICALLY DEPENDENT OR  MOBILITY  IMPAIRED
  PATIENTS.  SUCH  RULES AND REGULATIONS SHALL REQUIRE THE INSTALLATION OF
  CEILING LIFTS IN EACH FACILITY IN A NUMBER CONSISTENT WITH THE  PERCENT-
  AGE  OF  ROOMS  UTILIZED  BY  TOTALLY  PHYSICALLY  DEPENDENT OR MOBILITY
  IMPAIRED PATIENTS IN FACILITIES OF SIMILAR SIZE PROVIDING SIMILAR  CARE.
  SUCH RULES AND REGULATIONS SHALL ALSO REQUIRE APPROPRIATE STAFF TRAINING
  IN THE USE OF CEILING LIFTS AND ENSURE THE REGULAR, APPROPRIATE AND SAFE
  USE OF CEILING LIFTS IN FACILITIES WHERE THEY ARE INSTALLED.
    S 2. This act shall take effect on the one hundred twentieth day after
  it shall have become a law.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01369-03-2