Bill Text: NY A08387 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the department of health to appoint a supervisor to monitor assisted living facilities which have been designated as special focus facilities and to oversee operations and finances of the facility in order to remedy deficiencies noted by the center for Medicare and Medicaid services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to health [A08387 Detail]
Download: New_York-2019-A08387-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8387 2019-2020 Regular Sessions IN ASSEMBLY June 15, 2019 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to appointing a supervisor for for-profit assisted living facilities which are desig- nated as special focus facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 4677 to read as follows: 3 § 4677. Facilities designated under the special focus facility initi- 4 ative. 1. This section shall apply to all for-profit assisted living 5 facilities located within the state. 6 2. (a) The department shall appoint a supervisor to work with any 7 assisted living facility or nursing home which has been designated as a 8 "special focus facility" by the federal centers for Medicare and Medi- 9 caid services, or "CMS", as part of the special focus facility initi- 10 ative, in order to oversee, monitor and assist such facilities with 11 correcting noted deficiencies, proper allocation of funds and eliminat- 12 ing patterns of serious problems within such facility. 13 (b) For purposes of this section, a "special focus facility" shall be 14 an assisted living facility or nursing home which, after an inspection 15 or multiple inspections of the premises, has been designated by CMS 16 under the special focus facility initiative as a facility that: 17 (i) has more than twice the average number of deficiencies than other 18 nursing homes or assisted living facilities; 19 (ii) has more serious deficiencies than other nursing homes or 20 assisted living facilities, including harm or injury experienced by 21 residents; or 22 (iii) shows a pattern of serious problems which have persisted over 23 the prior three years before the date a nursing home or assisted living 24 facility was designated a special focus facility by CMS. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13304-01-9A. 8387 2 1 3. A supervisor appointed by the department shall work in conjunction 2 with and monitor the owner or licensed operator of such facility and its 3 staff to provide oversight on any deficiencies cited by CMS. 4 4. A supervisor appointed shall monitor and work with a facility for a 5 period of five years, commencing on the date that CMS designates such 6 facility as a special focus facility. The supervisor appointed shall be 7 relieved of its duties only if CMS determines that a facility has gradu- 8 ated from the special focus facility initiative and supervision is no 9 longer necessary. 10 5. Supervisors appointed by the department to work with a special 11 focus facility shall have the following duties: 12 (a) work in conjunction with the owner or licensed operator and staff 13 members to monitor and remedy any deficiencies cited by CMS and improve 14 the quality of life of residents and quality of care provided by staff; 15 (b) ensure that staffing levels at such facility are adequate at all 16 times to allow for residents to receive medication as needed in a timely 17 manner and receive care pursuant to each resident's recommended care 18 plan; 19 (c) improve such facilities practices to ensure they do not result in 20 any harm or injury to its residents; 21 (d) ensure that such facility has acceptable living conditions for its 22 residents at all times and that funds are being properly allocated to 23 maintain or improve such conditions; 24 (e) ensure that essential equipment is regularly tested, maintained 25 and replaced, if necessary; 26 (f) ensure each resident receives person-center care consistent with 27 residential rights in a timely and dignified manner; 28 (g) ensure such facility meets CMS safety requirements, such as 29 protection from fire hazards or proper evacuation methods; and 30 (h) ensure such facility is properly storing, preparing and delivering 31 food to residents in accordance with general health practices. 32 6. The department and any assigned supervisor shall follow all addi- 33 tional guidelines and procedures as required by CMS pursuant to the 34 special focus facility initiative. 35 § 2. This act shall take effect on the sixtieth day after it shall 36 have become a law.