Requires dialysis center disaster preparedness plans; requires access to generators by nursing homes, assisted living facilities and dialysis centers.
TITLE OF BILL: An act to amend the executive law, in relation to dialysis center disaster preparedness plans
This legislation would require nursing homes, assisted living centers and dialysis centers to have emergency generators sufficient to supply electrical power in the event of an emergency.
SUMMARY OF PROVISIONS:
The state executive law Section 23-b is amended to require nursing homes, assisted living residences and dialysis centers to have generators available as part of their disaster preparedness plans.
It has become readily apparent that without emergency readiness plans in place and available emergency power directly available to health facilities; dialysis patients are particularly vulnerable to the loss of power. The death and destruction wrought by Hurricane Sandy and the chaos clearly documented as a result of the loss of power to dialysis centers and health facilities here in New York clearly emphasized that fact. This bill would help in requiring facilities to have emergency power generation sufficient to supply their patient's needs in the event of catastrophic failure.
The National Kidney Foundation and other leading health organizations concur that facilities should be required to have a backup source to allow them to continue operations when the absence of power is a major factor in keeping the center open.
This is a new bill.
To be determined.
STATE OF NEW YORK ________________________________________________________________________ 7024 IN SENATE April 16, 2014 ___________Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the executive law, in relation to dialysis center disas- ter 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, as added by chapter 589 of the laws of 2008 and subdivision 4 as added by chapter 115 of the laws of 2010, is amended to read as follows: S 23-b. Nursing home
[and], assisted living facility, AND DIALYSIS CENTER plans. 1. After consultation with the commissioner of health, the director of the office for the aging, and the director of the state office of homeland security, the commission shall establish standards for nursing homes, adult homes, enriched housing programs [and], assisted living residences AND DIALYSIS CENTERS regarding disaster preparedness. 2. Each such facility shall be assisted in the establishment of a disaster preparedness plan. The plan shall include, but not be limited to, the following: (a) Maintaining a supply of food, water and to the extent deemed necessary and feasible in the reasonable judgment of the operator of the facility, medication in reserve in the event that obtaining such items should become difficult or impossible. (b) [In the reasonable judgment of the facility, having access to]REQUIRING a generator or generators sufficient to supply electrical power to the facility. (c) Establishing an evacuation plan for residents OR PATIENTS includ- ing an alternative site suitable for temporary use. (d) Establishing staffing plans during a disaster. 3. Such plans shall be made available to the county emergency manage- ment office. 4. Nothing in this section shall be deemed to modify or override any requirements in regulations duly promulgated by a state agency, or toEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14488-02-4 S. 7024 2
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.