Nursing Home Update

March 23, 2004

Dear Administrator:

As you may know, since March 30, 2003, New York City nursing facilities have been required to comply with the New York City Smoke-Free Air Act (Title 17, Chapter 5 of the Administrative Code of New York) and the New York State Clean Indoor Air Act (Article 13-E of the New York State Public Health Law).

The New York City Code requires that nursing home facilities that wish to designate a "smoking room", for residents, obtain prior written approval for such designated room from the fire commissioner.  Only with approval from the fire commissioner will designated "smoking rooms" be exempt from the smoking prohibition.

If you would like additional information or have any questions, please feel free to contact Patrick Formato,  Barbara Phair or any of the other attorneys in our Health Care Law Department at (516) 328-2300.