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NEW YORK
BILL NUMBER:A11863
TITLE OF BILL: An act to amend the public health law, in relation to requiring the installation and use of ceiling lifts in hospitals and nursing homes
PURPOSE OR GENERAL IDEA OF BILL: This bill would require the commissioner of the Department of Health (DOH) to promulgate rules and regulations relating to the installation and safe use of ceiling lifts. The bill also requires the commissioner to ensure that new hospitals and nursing homes, and those undergoing major renovations, are designed and built appropriate to support the installation and use of ceiling lifts.
SUMMARY OF SPECIFIC PROVISIONS: SECTION 1 amends Section 206 of thePublic Health Law by adding a new paragraph 19. This paragraph requiresthe commissioner of the DOH to promulgate rules and regulation necessary to ensuring that the construction or major renovation of hospitals and
nursing homes is done appropriately to support the installation and use of ceiling lifts. The paragraph also requires the commissioner to promulgate rules and regulations to ensure the actual installation and safe use of ceiling lifts in a manner and number consistent with other similar facilities and patient needs. Section 2 is the effective date of this act.
JUSTIFICATION: Data from the U.S. Bureau of Labor Statistics consistently shows the health care industry has among the highest occupational injury rates of all industries. Injury rates are particularly high among nursing home and hospital staff that are responsible for manually moving, transferring and repositioning mobility-impaired patients. Nearly one-half of all nursing home injuries are the direct result of lifting and moving patients.
Most states, including New York, have begun to recognize that manual lifting of patients should be a thing of the past. No-lift policies substantially reduce injuries amongst patients and staff and the resulting savings more than offset the costs of using lifts. While mobile lifts are a marked improvement over manual lifting, data and case studies demonstrate overwhelmingly that ceiling lifts are far superior to mobile lifts in nearly every respect: greater reduction in patient and employee injuries; greater financial savings from lower insurance costs and injury costs; greater reductions in lost hours and staff turnover.
While it is generally accepted in the nursing home and hospital industries that ceiling lifts can and do provide great benefits in relation to patient care and employee-injuries, health care facilities are often
not designed to support their use. This legislation would require that the major renovation or construction of nursing homes and hospitals in New York State be done in such a way as to allow for the safe installation and use of ceiling lifts. This legislation would also require the actual installation and use of ceiling lifts where they can be safely installed.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall 120 days after it shall have become law.
New York companion bills A07641 and S04929 were introduced in April 2005, and signed into law on October 18, 2005, by Governor George Pataki (R), calling for creation of a two-year study to establish
safe-patient-handling programs and collect data on the incidence of nursing staff and patient injury with patient handling, manual versus lift equipment. Results will be used to describe best practices for improving health and safety of healthcare workers and patients during patient handling.
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