New York providers are pushing back against what they consider to be a redundant local law. The measure requires operators to report abuse-related incidents twice a year.
New figures showed only 12 of 36 of Erie County’s nursing facilities complied with Ruthie’s Law, which was passed by the county legislature in 2017, WBFO 88.7 reported.
The regulation is seen as redundant for providers, as state law already requires facilities to report abuse, injuries and negligence to the New York State Department of Health, Randy Gerlach, vice chair of the New York State Health Facilities Association, said in the report.
Facilities are also required to submit proof that they’ve disclosed their ratings to prospective clients under the regulation. He added that the Centers for Medicare & Medicaid Services ratings are already publicly available on federal and state websites.
“In my opinion, a court would find that Ruthie’s Law is preempted by Section 2812 … and as such, is unenforceable as a matter of law,” Stephen Hanse, president and CEO of the state Health Facilities Association, reportedly said in an email.
Nursing homes can be fined up to $2,000 and have their records subpoenaed for not complying with the law, the report stated. No facilities have been cited for non-compliance since Ruthie’s Law took effect.
