New York Enacts Nursing Home Law: On December 7, 2022, New York Governor Kathy Hochul signed legislation that will require residential health care facilities to swiftly update residents as well as their family members and guardians when an infection is detected within the facility. It also requires nursing homes to have a plan in place to accommodate exposed or infected residents to stop the spread of the infection.
Legislation (S.1785A/A.6052) will expand the existing pandemic emergency plan to improve communication by requiring nursing homes to inform residents and their loved ones of an infection. It will also require facilities to prepare a plan or procedure for accommodations for residents during an infectious disease outbreak, which will help ensure every nursing home is ready and able to effectively place residents in the event of an infection for their safety and the safety of others.
In signing the new nursing home infection legislation into law, New York Governor Kathy Hochul stated, “New Yorkers living in nursing homes deserve the highest quality of care, and their families deserve to know that their loved ones are safe. With this legislation, we will ensure every facility is prepared to protect residents from exposure after an infection is detected, while also improving communication to make sure residents and family members are notified of the situation in a timely manner. This is a critical step to ensure nursing homes are taking the right measures to protect the most vulnerable New Yorkers.”
In December 2021, the Governor Hochul signed a package of four pieces of legislation to support long-term care facilities and provide assistance to the system. The legislation directed the Commissioner of Health to implement an infection inspection audit and checklist on nursing homes, enacted a series of reforms to the State Long-Term Care Ombudsman Program and related programs to increase accessibility for residents of nursing homes and residential care facilities, established the “reimagining long-term care task force” to study the state of long-term care services in the state, and directed the Commissioner of Economic Development, in consultation with the Commissioners of Health, Labor and the Office of Children and Family Services to study, develop, and implement a long-term strategy to support the growth of the caregiving industry in New York State. Governor Hochul has also supported investments in the Long-Term Care Ombudsman program, reimbursement for nursing homes, additional funding for staffing as well as capital funding for nursing home transformation, including the promotion of the nursing home green house model, to promote high-quality long-term care for all.
If you or a loved one may have been injured as a result of medical malpractice in a nursing home in New York or in another U.S. state due to a nursing home infection, nursing home fall, nursing home aspiration, nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a New York medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your nursing home medical malpractice claim for you and represent you or your loved one in a nursing home medical malpractice case, if appropriate.
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