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A03131 Summary:

COSPNSRSteck, Hevesi, Epstein, Rosenthal L, Niou, Bichotte Hermelyn, Glick, Thiele, Griffin, Montesano, Jacobson, Dickens, McMahon, Seawright, Stern, Barron, Rozic, Byrnes, Gottfried, Barnwell, Solages, Norris, McDonough, Zinerman, Abinanti, Santabarbara, Mitaynes, Lupardo, Jackson, DeStefano, Lawler, Hawley, Salka, Byrne, Anderson, Tague, Simpson, Kelles, Wallace, Dinowitz, Forrest, Blankenbush, Weinstein, Burgos, Taylor, Fernandez, Carroll, Walker, Cruz, Galef, Lunsford, Clark, Stirpe, Otis, Buttenschon, Colton, Perry, Rodriguez, Simon, Fall
Amd §§2803 & 2806-a, add §2808-e, Pub Health L
Relates to establishing requirements for residential health care facilities during a state disaster emergency involving a disease outbreak; requires the department of health to issue guidance regarding precautions and procedures to maintain health and safety; establishes residential healthcare facility reporting requirements.
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A03131 Actions:

01/22/2021referred to health
03/03/2021amend (t) and recommit to health
03/03/2021print number 3131a
03/09/2021reported referred to ways and means
03/09/2021reported referred to rules
03/09/2021rules report cal.36
03/09/2021ordered to third reading rules cal.36
03/09/2021passed assembly
03/09/2021delivered to senate
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A03131 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the public health law, in relation to establishing requirements for residential health care facilities during a state disaster emergency involving a disease outbreak   PURPOSE OR GENERAL IDEA OF BILL: To provide a framework for greater accountability and oversight for residential healthcare facilities in times of state disaster emergencies declared as a consequence of communicable and infectious disease.   SUMMARY OF PROVISIONS: Section 1 amends Section 2803 of the Public Health Law by mandating that, in the event a state disaster emergency as defined by Section 20 of the Executive Law is declared, the Department of Health must issue guidelines to all residential healthcare facilities on proper medical procedures, which include but are not limited to: maintenance and record-keeping of daily personal protective equipment (PPE) usage, frequent communications with residents and their loved ones of any confirmed or suspected infections within the facility, informing resi- dents of alternative care options (including home care pursuant to Arti- cle 36 of the Public Health Law) and ensuring at least three daily communications between the resident and their relatives. The Department is additionally authorized to allocate public health emergency appropri- ations to facilitate the procurement of alternative care services for residents to opt to receive them. Section 2 amends Section 2808-E of the Public Health Law to require residential healthcare facilities to provide daily reporting to the Department of Health and local health departments on metrics related to the spread of disease within that facility. The Department is then required to publish this anonymized data for public scrutiny on a weekly basis. Moreover, this section outlines grounds on which a temporary operator, appointed by the Commissioner of Health, assumes operational control, responsibility, and receivership powers over a residential healthcare facility. Section 3 provides the effective date.   JUSTIFICATION: The COVID-19 (coronavirus disease 2019) pandemic has exposed many seri- ous structural flaws in New York State's over six hundred nursing homes and residential care facilities. Unfortunately, hundreds of residents at these facilities have succumbed to COVID-19, with thousands more alleged to have passed as a consequence of COVID-19. Additionally, numerous constituents with relatives or loved ones who reside in these nursing homes have reported that they have had difficulty in communicating with their relative or obtaining information about their medical status. This has been compounded with substantial logistical shortages in both staff- ing and supplies such as PPE at these facilities. This bill aims to provide a clearer framework in which the Department of Health can provide better oversight and guarantee accountability from administrators of resident healthcare facilities, as well as provide the means through which the Department can actively intervene and ensure that the residents of the facility are receiving the proper quality of care that they are entitled to.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately upon passage.
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A03131 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2021
        Introduced  by M. of A. KIM, STECK, HEVESI, EPSTEIN, L. ROSENTHAL, NIOU,
          BLANKENBUSH  --  Multi-Sponsored  by -- M. of A. SILLITTI -- read once
          and referred to the Committee on Health -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
        AN ACT to amend the public  health  law,  in  relation  to  establishing
          requirements  for  residential  health  care facilities during a state
          disaster emergency involving a disease outbreak
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 2803 of the public health law is amended by adding
     2  two new subdivisions 13 and 14 to read as follows:
     3    13. In the event of  a  state  disaster  emergency  as  defined  under
     4  section  twenty  of  the executive law that involves a disease outbreak,
     5  the department shall issue guidance to residential health  care  facili-
     6  ties  regarding  precautions and procedures to take to protect and main-
     7  tain the health and safety of residents and staff during the  course  of
     8  an  outbreak,  and  to prevent widespread transmission of a communicable
     9  disease.  Such  guidance  shall  include  but   not   be   limited   to:
    10  restrictions  on visitation and entry into the facility by non-essential
    11  personnel, staff education and training on  symptoms  and  transmission,
    12  screening  of all staff prior to the commencement of a work shift, daily
    13  inventory and reporting to the department of personal protective  equip-
    14  ment  and  other  supplies, hand hygiene and environmental disinfection,
    15  mask use and source control, resident education and  monitoring,  place-
    16  ment  of  residents with confirmed or suspected infections, notification
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3131--A                          2
     1  to the lawful representatives of affected residents of  a  confirmed  or
     2  suspected  infection,  informing and educating the lawful representative
     3  of the availability of alternative placement options, including but  not
     4  limited  to  home  care  services authorized under article thirty-six of
     5  this chapter, and making available means of communication for  residents
     6  to  communicate  with  the lawful representative at least once a day, or
     7  otherwise as is practicable. Upon issuance of such guidance, the depart-
     8  ment shall disseminate   it   to   all   administrators  of  residential
     9  healthcare facilities and publish it on the department's website no less
    10  than  forty-eight  hours  after  a  state  disaster  emergency  has been
    11  declared.
    12    14. In the event of  a  state  disaster  emergency  as  defined  under
    13  section  twenty  of  the executive law that involves a disease outbreak,
    14  the department may utilize public health  emergency  appropriations  for
    15  the purpose of securing alternative placement options, including but not
    16  limited  to home care services under article thirty-six of this chapter,
    17  for residents of residential health care facilities for the duration  of
    18  the state disaster emergency.
    19    §  2.  The public health law is amended by adding a new section 2808-e
    20  to read as follows:
    21    § 2808-e. Residential health care facility reporting requirements.  1.
    22  The  commissioner  of  health  shall,  in  the event of an outbreak of a
    23  communicable disease or infection, order  all  residential  health  care
    24  facilities  to  report the following information on a daily basis to the
    25  department and the local health department in the county  in  which  the
    26  facility  is  based:  the number of residents or staff with suspected or
    27  confirmed infection  of  the  disease;  the  number  of  residents  with
    28  suspected  or confirmed infection resulting in hospitalization or death;
    29  and the number of fatalities following  hospitalization  resulting  from
    30  suspected  or  confirmed  infection of the disease. The department shall
    31  aggregate and  publish  de-identified  data,  submitted  by  residential
    32  health care facilities under this section on a weekly basis, in a manner
    33  that  is  consistent  with  the federal Health Insurance Portability and
    34  Accountability Act, as amended, and any regulations  promulgated  there-
    35  under.
    36    2. For any residential health care facility that experiences a fatali-
    37  ty rate of at least five percent of the resident census as a result of a
    38  state  disaster  emergency  that  involves a disease outbreak as well as
    39  strong indications that  the  infection  rate  within  the  facility  is
    40  increasing  exponentially, or otherwise attributable to a novel pathogen
    41  or known pathogen with a high lethality  rate,  the  commissioner  shall
    42  establish  daily  communications  with  such  facility  to determine and
    43  provide, to the extent practicable, all necessary  supplies,  equipment,
    44  personnel  and  personnel  training to ensure the facility is adequately
    45  prepared to ensure the health and safety of the residents.   If, in  the
    46  event that the fatality and infection rate remains the same or increases
    47  over  a  fifteen day period from the commissioner's initial contact, due
    48  to negligent and willful actions of the established operator, which  may
    49  include,  but not be limited to, a willful failure to comply with proce-
    50  dures or utilization of supplies and equipment provided, the commission-
    51  er shall appoint a temporary operator,  subject  to  the  provisions  of
    52  section  twenty-eight  hundred  six-a  of  this  article  to assume sole
    53  control and sole responsibility for the operations of the facility until
    54  the residents of the facility (a) may be safely transferred  to  another
    55  residential health care facility or (b) transferred to a community-based
    56  setting  where home care services are delivered under article thirty-six

        A. 3131--A                          3
     1  of this chapter, provided that, such residents  qualifying  for  medical
     2  assistance shall be deemed eligible for immediate need under subdivision
     3  twelve  of section three hundred sixty-six-a of the social services law.
     4  If  the  commissioner  has  a  reasonable belief of imminent harm to the
     5  public, the commissioner may initiate receivership  subject  to  section
     6  twenty-eight hundred ten of this article.
     7    § 3.  Paragraphs (b) and (c) of subdivision 1 of section 2806-a of the
     8  public health law, as added by section 50 of part E of chapter 56 of the
     9  laws of 2013, are amended to read as follows:
    10    (b)  "established  operator"  shall mean the operator of an adult care
    11  facility, a general hospital [or], a  diagnostic  and  treatment  center
    12  that  has  been  established and issued an operating certificate as such
    13  pursuant to this article, or a residential health care facility for  the
    14  purposes of section twenty-eight hundred eight-e of this article;
    15    (c)  "facility"  shall mean (i) a general hospital or a diagnostic and
    16  treatment center that has been issued an operating certificate  as  such
    17  pursuant  to  this article; [or] (ii) an adult care facility; or (iii) a
    18  residential health care facility for the  purposes  of  section  twenty-
    19  eight hundred eight-e of this article;
    20    § 4. This act shall take effect immediately; provided however that the
    21  amendments  made  to  section  2806-a  of  the public health law made by
    22  section three of this act shall not affect the repeal  of  such  section
    23  and shall be deemed repealed therewith.
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