New York S 9087: Relates to independent quality monitors for residential health care facilities

Bill Text

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S09087 Summary:

BILL NOS09087 

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SAME ASNo Same As

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SPONSORMAY

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COSPNSR

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MLTSPNSR

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Amd §2803-w, Pub Health L

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Provides for requirements under written corrective plans for residential health care facilities; requires such facilities to make payments to the department for independent quality monitors; provides for minimum staffing and monitoring frequency for such facilities; makes related provisions.

Go to top S09087 Actions:

BILL NOS09087 

&nbsp

01/30/2026REFERRED TO HEALTH

Go to topS09087 Committee&nbspVotes:

Go to topS09087 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09087 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9087

 IN SENATE

 January 30, 2026
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law, in relation to independent quali-
 ty monitors for residential health care facilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 2803-w of the public health law, as added by chap-
 2 ter 677 of the laws of 2019, is amended to read as follows:
 3 § 2803-w. Independent quality monitors for residential health care
 4 facilities. 1. The department may require a residential health care
 5 facility to contract with an independent quality monitor selected, and
 6 on reasonable terms determined, by the department, pursuant to a
 7 selection process conducted notwithstanding sections one hundred twelve
 8 or one hundred sixty-three of the state finance law, for purposes of
 9 monitoring the operator's compliance with a written and mandatory
 10 corrective plan and reporting to the department on the implementation of
 11 such corrective action, when the department has determined in its
 12 discretion that operational deficiencies exist at such facility that
 13 show:
 14 [1.] (a) a condition or conditions in substantial violation of the
 15 standards for health, safety, or resident care established in law or
 16 regulation that constitute a danger to resident health or safety;
 17 [2.] (b) a pattern or practice of habitual violation of the standards
 18 of health, safety, or resident care established in law or regulation; or
 19 [3.] (c) any other condition dangerous to resident life, health, or
 20 safety. [Such written]
 21 2. Written mandatory corrective plans created pursuant to subdivision
 22 one of this section shall include:
 23 (a) caps on administrative and general costs that are unrelated to
 24 providing direct care (including providing at least minimum staffing
 25 levels as determined by the department) or care coordination;
 26 (b) a requirement that the residential health care facility maintain
 27 compliance with the staffing ratios provided for nursing homes under
 28 section twenty-eight hundred ninety-five-b of this chapter;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14558-01-6

 S. 9087 2

 1 (c) required infrastructure improvements, repairs and/or replacements
 2 necessary to ensure resident safety and code compliance;
 3 (d) specific performance benchmarks for improvement of the residential
 4 health care facility's deficiencies identified under subdivision one of
 5 this section; and
 6 (e) a specific completion deadline for remediation of the deficiencies
 7 identified under subdivision one of this section.
 8 3. Payments made by a residential health care facility for the
 9 services provided by an independent quality monitor pursuant to a
 10 contract entered into under subdivision one of this section shall be
 11 paid by such residential health care facility to the department, and the
 12 department shall remit such payments to such independent quality moni-
 13 tor. No such payments shall be made directly from a residential health
 14 care facility to an independent quality monitor.
 15 4. An independent quality monitor selected pursuant to subdivision one
 16 of this section shall require the residential health care facility to
 17 report on its compliance with the written corrective plan, and shall
 18 perform an on-site in