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A00244 Summary:

BILL NOA00244A
 
SAME ASNo Same As
 
SPONSORGottfried
 
COSPNSRWeinstein, Thiele, Seawright, Paulin, McDonald, Abinanti, Lupardo, Dinowitz, Jackson, Englebright, Nolan, Meeks, Hevesi, Cahill, Bronson, Barron, Magnarelli, Montesano, Lawler, Schmitt, Brabenec, McDonough, Salka, Cusick, Lunsford, Kelles, Byrne, Zebrowski, Steck, Anderson, Simon, Glick, Vanel, Rosenthal L, Pichardo, Richardson, Williams, Bichotte Hermelyn, Walker, Otis, Sayegh, Stirpe, Woerner, Stern, Sillitti, Rivera JD, Abbate, Jacobson, Cook, Carroll, Gallagher, Colton, Fall, Aubry, Forrest, Cruz, Clark, Perry, Griffin, Santabarbara, Hunter, Fahy, Jones, Zinerman, Miller M
 
MLTSPNSR
 
Add & amd §206-c, Pub Health L
 
Relates to creating the health emergency response data system, which collects information and statistical data relating to public health emergencies in order to assist the department of health, other government entities, health care providers, and the public in understanding and responding to public health emergencies.
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A00244 Actions:

BILL NOA00244A
 
01/06/2021referred to health
02/09/2021reported referred to ways and means
02/26/2021amend and recommit to ways and means
02/26/2021print number 244a
03/01/2021reported referred to rules
03/01/2021reported
03/02/2021rules report cal.22
03/02/2021ordered to third reading rules cal.22
03/04/2021passed assembly
03/04/2021delivered to senate
03/04/2021REFERRED TO HEALTH
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A00244 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A244A
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to creating the health emergency response data system   PURPOSE: This bill is designed to create in statute the Health emergency response data system (HERDS) and bring transparency to information gathered during public health emergencies, including communicable disease outbreaks like COVID-19, by requiring the Department of Health to share aggregate data from HERDS reports with the entities reporting and the public.   SUMMARY OF PROVISIONS: Section 1: Creates a new section 206-c of the public health law to create in statute the Health Emergency Response Data System (HERDS). Sections 2: Amends paragraph b of subdivision 2 of section 206-c of the public health law directing HERDS to make HERDS information available to government entities, health care providers, and the public, including posting on the department's website, as soon and as close to real time as practicable after it is collected but no later than seven days after it is received by the department. Section 3: Provides an effective date   JUSTIFICATION: The Department requires health care providers of all types to answer survey data points throughout an emergency, often changing the data, requested from the providers at various intervals, and collects this data in the Health Emergency Reporting Data System (HERDS). In every other instance, the data provided by individual providers on HERDS forms have been given back to providers in an aggregated form to help them better understand and manage the emergency. Much to the dismay of providers, however, after months of daily data submissions and requests to the department to share the aggregate data, the department has never shared any of the HERDS data relating to the COVID-19 public health emergency. At 2020 legislative hearings on COVID-19, providers expressed desire to see this information in order to better inform their emergency response policies. This bill would ensure that the department provides timely feedback to providers as they have in the past and to the public on the department's website whenever the HERDS is activated.   LEGISLATIVE HISTORY: A11132 - Referred to Health   FISCAL IMPLICATIONS: None to state.   EFFECTIVE DATE: This act shall take effect immediately, provided section two of the bill takes effect 60 days after enactment.
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A00244 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         244--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M. of A. GOTTFRIED, THIELE, SEAWRIGHT, PAULIN, McDONALD,
          ABINANTI, LUPARDO, DINOWITZ, JACKSON, ENGLEBRIGHT, NOLAN, MEEKS, HEVE-
          SI, CAHILL, BRONSON, BARRON, MAGNARELLI, MONTESANO,  LAWLER,  SCHMITT,
          BRABENEC,  McDONOUGH,  SALKA, CUSICK, LUNSFORD, KELLES, BYRNE, ZEBROW-
          SKI, STECK, ANDERSON, SIMON -- read once and referred to the Committee
          on Health -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to  amend  the  public  health law, in relation to creating the
          health emergency response data system
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  206-c to read as follows:
     3    § 206-c. Health emergency response data system. 1. a. The health emer-
     4  gency response data system, referred to in this section as  "HERDS",  is
     5  hereby  created  in  the department. The HERDS shall collect information
     6  and statistical data, referred to in this  section  as  "HERDS  informa-
     7  tion",  relating  to  public health emergencies and health care services
     8  related to public health emergencies, in order to assist the department,
     9  other government entities, health care  providers,  and  the  public  in
    10  understanding and responding to public health emergencies.
    11    b. Individually identifiable HERDS information shall be kept confiden-
    12  tial. HERDS information disclosed under this section shall be aggregated
    13  so  it  cannot be individually identifiable, but it shall contain suffi-
    14  cient detail, so it refers to specific geographic areas  and  hospitals,
    15  as defined in article twenty-eight of this chapter.
    16    c. The commissioner shall make regulations implementing this section.
    17    2.  a.  The  HERDS  shall  collect  HERDS  information, including from
    18  surveys submitted by hospitals, nursing homes,  and  other  health  care
    19  providers, as determined by the commissioner.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02797-02-1

        A. 244--A                           2
 
     1    b.  The  HERDS  shall  be  operated  by  the department, including the
     2  collecting and making available information, in conjunction with and  to
     3  improve the department's fulfillment of its responsibilities under arti-
     4  cles twenty-one and forty-one of this chapter.
     5    §  2.  Paragraph  b  of  subdivision  2 of section 206-c of the public
     6  health law, as added by section one of this act, is amended to  read  as
     7  follows:
     8    b.    HERDS shall make HERDS information available to government enti-
     9  ties, health care providers, and the public, including  posting  on  the
    10  department's  website,  as soon and as close to real time as practicable
    11  after it is collected but no later than seven days after it is  received
    12  by the department.
    13    c.  The  HERDS  shall  be  operated  by  the department, including the
    14  collecting and making available information, in conjunction with and  to
    15  improve the department's fulfillment of its responsibilities under arti-
    16  cles twenty-one and forty-one of this chapter.
    17    §  3.  This  act  shall  take  effect  immediately; provided, however,
    18  section two of this act shall take effect on the sixtieth day  after  it
    19  shall  have  become  a  law.  Effective immediately, the commissioner of
    20  health shall make regulations and take other actions  reasonably  neces-
    21  sary to implement each section of this act on its effective date.
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