New York A 2309: Enacts the Unpredictable Nursing Home Inspection Act

Status: REFERRED TO HEALTH (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: A 2309

Sponsors: Stephen Hawley, Brian Manktelow, Chris Tague, Jeff Gallahan, Jodi Giglio, Joe DeStefano, Kenneth Blankenbush

Bill Text

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A02309 Summary:

BILL NOA02309 

&nbsp

SAME ASNo Same As

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SPONSORHawley

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COSPNSRDeStefano, Gallahan, Giglio, Manktelow, Tague, Blankenbush

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MLTSPNSR

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Add §2808-f, Pub Health L

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Requires the department of health to conduct 40% of its inspections on nursing homes outside of business hours; requires department of health inspections of nursing homes to be conducted without prior notice to a nursing home; requires an annual nursing home inspection report.

Go to top A02309 Actions:

BILL NOA02309 

&nbsp

01/16/2025referred to health

01/07/2026referred to health

Go to topA02309 Committee&nbspVotes:

Go to topA02309 Floor&nbspVotes:

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

Go to topA02309 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2309

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

 Introduced by M. of A. HAWLEY -- read once and referred to the Committee
 on Health

 AN ACT to amend the public health law, in relation to the "Unpredictable
 Nursing Home Inspection Act"

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

 1 Section 1. This act shall be known and may be cited as the "Unpredict-
 2 able Nursing Home Inspection Act".
 3 § 2. The public health law is amended by adding a new section 2808-f
 4 to read as follows:
 5 § 2808-f. Unpredictable nursing home inspections. 1. Definition. For
 6 the purposes of this section, the term "business hours" shall mean the
 7 hours between eight A.M. and six P.M. on a Monday, Tuesday, Wednesday,
 8 Thursday, or Friday, excluding federally observed holidays.
 9 2. The department shall conduct no more than sixty percent of all
 10 nursing home inspections in a calendar year during business hours.
 11 3. The department shall submit an annual report based on the previous
 12 year's nursing home inspections outside of business hours to the gover-
 13 nor and attorney general no later than the thirty-first of January each
 14 year. Such report shall contain:
 15 (a) a list of each nursing home within the state;
 16 (b) the dates and times each inspection was completed, sorted by
 17 facility;
 18 (c) a clear indication of whether each inspection was completed during
 19 business or non-business hours; and
 20 (d) the percentage of inspections completed during business hours for
 21 each nursing home.
 22 4. No department official shall give any form of notice of an impend-
 23 ing inspection to any individual not employed by the department
 24 5. Any department official responsible for the scheduling of
 25 inspections who violates the provisions of this section shall be subject

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01621-01-5

 A. 2309 2

 1 to suspension without pay and/or termination, as determined by the
 2 attorney general.
 3 § 3. On the effective date of this act, the governor shall send a copy
 4 of this act to the attorney general.
 5 § 4. This act shall take effect immediately.

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