Bill S5818-2013

Relates to a statewide plan for evacuation and disaster and emergency preparedness plans at nursing homes and assisted living facilities

Relates to the formulation and implementation of a statewide plan for evacuation and disaster and emergency preparedness plans at nursing homes and assisted living facilities; requires inspections of such facilities to ensure compliance with the state-wide plan and requires the emergency management office of the department of homeland security and emergency services to prepare a report including recommendations and guidelines relative to the existence, placement and maintenance of emergency power equipment in such facilities.

Details

Actions

  • Jan 8, 2014: REFERRED TO HEALTH
  • Jun 21, 2013: RECOMMITTED TO RULES
  • Jun 21, 2013: ORDERED TO THIRD READING CAL.1622
  • Jun 17, 2013: REFERRED TO RULES

Meetings

Votes

Memo

BILL NUMBER:S5818

TITLE OF BILL: An act in relation to the formulation and implementation of a statewide plan for evacuation and disaster and emergency preparedness plans at nursing homes and assisted living facilities, requiring inspections of such facilities to ensure compliance with the state-wide plan and requiring the department of health to prepare a report including recommendations and guidelines relative to the existence, placement, and maintenance of emergency power equipment in hospitals and other facilities licensed under article 28 of the public health law

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to determine whether evacuation plans for nursing homes and other facilities are adequate for disasters such as Hurricane Sandy and, if not, to ensure that the situation is remedied.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: This bill would require the Department of Health, in consultation with the Office for the Aging and the Emergency Management Office of the Department of Homeland Security and Emergency Services, to conduct a comprehensive review of recommendations made in the following reports:

*Department of Health and Human Services, "Supplemental Information Regarding the Centers for Medicare & Medicaid Services Emergency Preparedness Checklist for Health Care Facilities;"

*Department of Health and Human Services, ,"Gap Continue to Exist in Nursing Home Emergency Preparedness and Response During Disasters;"

*Manhattan Borough President Scott M. Stringer, "No Way Out An Analysis of the NYS Department of Health's Role in Preparing Nursing Homes For Emergencies;" and

*Assembly Committee on Corporations, Authorities, and Commissions, "Final Report on NYC Emergency Response and Evacuation Plans in the Event of a Weather-Related Emergency".

The review also would consider additional supporting information or input from stakeholders, facility residents, advocacy groups, facility operators, and any government or public entity deemed relevant including, but not limited to the New York State Office of Long Term Care Ombudsman.

Section 2: Within one year of the completion of such review, the Department of Health would be required to issue a report detailing recommendations for statutory or regulatory changes.

Section 3: The Department of Health would be required to establish an inspection system whereby all nursing homes and assisted living facilities are reviewed for compliance with regulations pertaining to evacuation, disaster, and emergency preparedness plans every six months.

Section 4: Within one year of the effective date of this act the Department of Health, in consultation with the Emergency Management Office of the Department of Homeland Security and Emergency Services, would be required to study the placement and maintenance of emergency power equipment in all hospitals, clinics, and other facilities licensed under article 28 of the Public Health Law. The Department of Health would be required to prepare a report that would include recommendations and guidelines relative to the existence, placement, and maintenance of emergency power equipment in such facilities, recommendations for modifying or improving the availability, use, and effectiveness of such equipment, and a determination of the cost of such implementation and improvements. Such report would be provided to the Governor, the Speaker of the Assembly, the Temporary President of the Senate, the Assembly Minority Leader and the Senate Minority Leader.

JUSTIFICATION: There are currently requirements for evacuation plans in nursing homes and other healthcare facilities. However, these plans did not take into account a disaster as far-reaching as Hurricane Sandy. Residents were split up and sent to different facilities without adequate records being kept. Family members could not find their loved ones. Some nursing homes' evacuation plans included moving seniors to a hospital or other facility within the same area, but did not plan for the need to move to a different part of the county or city. It is vital that evacuation planning include a comprehensive backup in the case of a superstorm like Sandy.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5818 2013-2014 Regular Sessions IN SENATE June 17, 2013 ___________
Introduced by Sen. ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT in relation to the formulation and implementation of a statewide plan for evacuation and disaster and emergency preparedness plans at nursing homes and assisted living facilities, requiring inspections of such facilities to ensure compliance with the state-wide plan and requiring the department of health to prepare a report including recommendations and guidelines relative to the existence, placement, and maintenance of emergency power equipment in hospitals and other facilities licensed under article 28 of the public health law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Within one year of the effective date of this act the department of health, in consultation with the office for the aging and the emergency management office of the department of homeland security and emergency services shall conduct a comprehensive review of recommen- dations made in the following reports: the Department of Health and Human Services, "Supplemental Information Regarding the Centers for Medicare & Medicaid Services Emergency Preparedness Checklist for Health Care Facilities" (OEI-06-09-00271) (April 13, 2012); the Department of Health and Human Services report "Gaps Continue to Exist in Nursing Home Emergency Preparedness and Response During Disasters" (OEI-06-09-00270) (March 2012); Manhattan Borough President Scott M. Stringer's Report "No Way Out: An Analysis of the New York State Department of Health's Role in Preparing Nursing Homes For Emergencies" (December 2006); and the Assembly Committee on Corporations, Authorities and Commission's "Final Report on New York City Emergency Response and Evacuation Plans in the Event of a Weather-Related Emergency" (March 23, 2006). Upon such review, such agencies may request any additional supporting information or input from stakeholders, facility residents, advocacy groups, facili- ty operators, and any government or public entity deemed relevant,
including, but not limited, to the office of long term care ombudsman. As part of this review, such agencies may focus an additional study on the evacuation of nursing homes and assisted living facilities during Hurricane Sandy with the goal of developing regulations to address prob- lems. S 2. Within one year of the completion of such review the department of health shall issue a report detailing any statutory or regulatory changes it recommends to facilitate a comprehensive statewide plan for evacuation and disaster and emergency preparedness plans at nursing homes and assisted living facilities. S 3. The commissioner of the department of health shall establish and implement an inspection system whereby all nursing homes and assisted living facilities are reviewed for compliance with regulations pertain- ing to evacuation, disaster and emergency preparedness plans every six months. The commissioner shall ensure that investigators conducting inspections are regularly trained on the assessment of facilities and compliance with all regulations. S 4. Within one year of the effective date of this act, the department of health, in consultation with the emergency management office of the department of homeland security and emergency services, shall study the placement and maintenance of emergency power equipment in all hospitals, clinics and other facilities licensed under article 28 of the public health law. Within one year of the effective date of this act such agencies shall prepare a report including recommendations and guidelines relative to the existence, placement and maintenance of emergency power equipment in such facilities and any recommendations for modifying or improving the availability, use and effectiveness of such equipment, and a determination of the cost of such implementation and improvements. Such report shall be provided to the governor, the speaker of the assem- bly, the temporary president of the senate, the assembly minority lead- er, and the senate minority leader. S 5. This act shall take effect immediately.

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