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.
- 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
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.
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