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A06057 Summary:

BILL NOA06057
 
SAME ASSAME AS S01783
 
SPONSORBurke
 
COSPNSRColton, Stirpe, Griffin, Jacobson, Buttenschon, Bichotte Hermelyn, Galef
 
MLTSPNSR
 
 
Directs the department of health to establish and implement an infection inspection audit and checklist on residential care facilities, nursing homes and long-term care facilities.
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A06057 Actions:

BILL NOA06057
 
03/05/2021referred to health
03/09/2021reported referred to codes
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A06057 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6057
 
SPONSOR: Burke
  TITLE OF BILL: An act directing the department of health to establish and implement an infection inspection audit and checklist on residential care facilities, nursing homes and long-term care facilities   PURPOSE: To requires facilities to adhere to an audit evaluation checklist of core competencies relating to infection control, personal protective equipment, staffing, clinical care, and communication.   SUMMARY OF PROVISIONS: Establishes an annual infection control competency audit commencing October 1, 2021. The audit will use a checklist to evaluate competency in relation to infection control, personal protective equipment, staff- ing, clinical care, and communication. If a facility meets at least 85% of the criteria, the facility will be scored as "in adherence. If a facility meets between 85% and 60%, the facility will be scored as "in adherence but warrants re-inspection" before the next annual inspection. A facility that fails to meet 60%, will be scored as "not in adherence" and continue with monthly audits until it meets at least 80% adherence. Penalties may include a revocation or suspension of a facility's license under certain conditions.   JUSTIFICATION: At the legislatures' August 2020 public hearings on COVID19 and Residen- tial Health Care Facilities, it became evident that many residential health care facilities were severely ill-equipped to protect against the spread of COVID-19. The unpreparedness of nursing home led to them becoming the unofficial epicenter of the pandemic, with countless tragic and unnecessary COVID-19 related deaths. This bill will promote profi- ciency and preparedness for any future crisis to come.   LEGISLATIVE HISTORY: 2020: A.11114 referred to Health Committee   FISCAL IMPLICATIONS: None to the state   EFFECTIVE DATE: Ninety days after it becomes law
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A06057 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6057
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 5, 2021
                                       ___________
 
        Introduced  by M. of A. BURKE -- read once and referred to the Committee
          on Health
 
        AN ACT directing the department of health to establish and implement  an
          infection  inspection  audit and checklist on residential care facili-
          ties, nursing homes and long-term care facilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Definitions.  For the purposes of this act, the following
     2  terms shall have the following meanings:
     3    (a) "Department" means the department of health.
     4    (b) "Facility" means a nursing home or residential health care facili-
     5  ty as defined in article 28 of the public health law.
     6    (c) "Nursing home" means a facility providing therein nursing care  to
     7  sick,  invalid,  infirm, disabled or convalescent persons in addition to
     8  lodging and board or health-related service, or any combination  of  the
     9  foregoing,  and  in addition thereto, providing nursing care and health-
    10  related service, or either of them, to persons who are not occupants  of
    11  the facility.
    12    (d)  "Audit"  means  the infection control competency audit created by
    13  the department under this act.
    14    (e) "Checklist" means the infection control competency audit checklist
    15  created by the department under this act.
    16    § 2. Establishing the infection  control  competency  audit.  (a)  The
    17  department  shall  promulgate  rules  and  regulations  establishing  an
    18  infection control competency audit for a facility  consistent  with  the
    19  provisions  of  this act. The audit shall include a competency checklist
    20  which incorporates specific core  competencies  based  on  guidance  set
    21  forth in this act.
    22    (b)  The  department  shall commence audits of facilities on and after
    23  October 1, 2021 and such audits shall be conducted on  an  annual  basis
    24  thereafter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02904-02-1

        A. 6057                             2
 
     1    §  3.  Audit  evaluation.  (a)  The infection control competency audit
     2  shall utilize a checklist to evaluate the  competency  of  the  facility
     3  being  audited.   Facilities subject to the infection control competency
     4  audit shall be required to fulfill the required criteria of a minimum of
     5  eighty-five percent of the audit checklist.
     6    (b)  If  a facility meets at least eighty-five percent of the criteria
     7  within the checklist, the facility will be scored as "in adherence" with
     8  the infection control competency audit.
     9    (c) If a facility meets between sixty percent and eighty-four  percent
    10  of  the  required  criteria  within  the checklist, the facility will be
    11  scored as "in adherence but warrants reinspection."  Such facility  will
    12  be  subject  to  reinspection by the department at least once before the
    13  next annual inspection.
    14    (d) If a facility meets less than sixty percent of the criteria within
    15  the checklist, the facility will be scored as "not in adherence".
    16    § 4. Facilities not in adherence  with  infection  control  competency
    17  audit.  (a) The department shall establish a penalty framework for those
    18  facilities determined to be  "not  in  adherence"  with  the  inspection
    19  control  checklist. A facility being found "not in adherence" may result
    20  in revocation or suspension of the facility's license; provided,  howev-
    21  er,  that  no such revocation shall be ordered unless the department has
    22  provided the facility with a fourteen day grace  period,  solely  for  a
    23  facility's  first  time being found "not in adherence", to meet at least
    24  eighty percent of the criteria within the checklist.
    25    (b) Audits shall continue at monthly intervals for facilities that are
    26  found to be "not in adherence"  by  the  established  infection  control
    27  competency  checklist until such facilities meet at least eighty percent
    28  of the criteria within the checklist.
    29    § 5. Audit standards core competencies. The department shall establish
    30  an infection control competency audit and checklist for facilities which
    31  shall include, but not be limited to:
    32    (a) Infection control. (i) The facility shall have an  infection  lead
    33  staff person to:
    34    (A)  address  and improve infection control based on federal and state
    35  public health advisories and review and implement the facility's pandem-
    36  ic emergency plan as required by subdivision 12 of section 2803  of  the
    37  public health law; and
    38    (B) spend an adequate time at the facility focused on activities dedi-
    39  cated to infection control.
    40    (ii) The facility shall have an infection control program with written
    41  policies and procedures which includes, but is not limited to:
    42    (A)  A written plan to investigate, control and take action to prevent
    43  infections in the facility;
    44    (B) Written procedures to allow for isolation  and  universal  precau-
    45  tions  for  residents  suspected  or  confirmed  to have a contagious or
    46  infectious disease; and
    47    (C)  A  record  of  incidences  and  corrective  actions  related   to
    48  infections at the facility.
    49    (iii)  During  recognized  periods of contagious or infectious disease
    50  outbreaks, the facility shall  have  screening  requirements  for  every
    51  individual  entering the facility, including staff, for symptoms associ-
    52  ated with the infectious disease outbreak.
    53    (iv) The facility shall establish  dedicated distinct areas for  resi-
    54  dents  confirmed  or suspected to be infected with an infectious disease
    55  or are recovering from an infectious disease.   Policies and  procedures
    56  shall be developed to isolate residents suspected to be infected with an

        A. 6057                             3
 
     1  infectious  disease  in  quarantine  until their infection status can be
     2  determined.
     3    (v) The facility shall have a staffing plan to limit transmission that
     4  shall include, but not be limited to:
     5    (A)  Dedicated,  consistent  staffing teams who directly interact with
     6  residents that are confirmed or suspected to be infected with  a  conta-
     7  gious or infectious disease; and
     8    (B) Limiting clinical and other staff who have direct resident contact
     9  to  specific areas of the facility. There should be no rotation of staff
    10  between various areas of the facility during the period they are working
    11  each day during periods of recognized outbreaks.
    12    (vi) The  facility  shall  ensure  ongoing  access  to  the  necessary
    13  supplies for hand hygiene for staff and residents.
    14    (vii) The facility shall ensure ongoing access to federally registered
    15  hospital  disinfectants or centers for disease control acceptable alter-
    16  natives to allow for necessary and appropriate cleaning and disinfecting
    17  of high traffic surfaces and shared resident care equipment.
    18    (b) Personal protective equipment. (i) The facility shall possess  and
    19  maintain  or  contract to have at least a two month supply of all neces-
    20  sary items of personal protective equipment in line with the most recent
    21  department guidance and statutes.
    22    (ii) The facility shall develop a contingency plan to  address  supply
    23  shortages of personal protective equipment.
    24    (iii)  The  facility  shall  train  staff  and establish protocols for
    25  selecting, donning and doffing appropriate personal protective equipment
    26  and demonstrate competency during resident care. The facility must  keep
    27  a record of this staff training.
    28    (iv)  The  facility  shall  ensure availability of personal protective
    29  equipment throughout the facility and outside resident rooms when  there
    30  are  units  with separate cohorted spaces for both positive and negative
    31  infectious disease residents.
    32    (v) The facility shall require the use of recommended personal protec-
    33  tive equipment for all front-line staff in line  with  the  most  recent
    34  department guidance.
    35    (vi)  The  facility  must  designate  a staff member who is present at
    36  every shift who is responsible for ensuring the proper use  of  personal
    37  protective equipment by all staff.
    38    (c)  Staffing.  (i) The facility shall demonstrate that there has been
    39  advanced planning, in alignment with the facility's emergency  prepared-
    40  ness plans and pandemic emergency plan, for contingent staffing needs in
    41  the case of staff quarantines.
    42    (ii)  The facility shall have an employee responsible for conducting a
    43  daily assessment of staffing status and  needs  during  an  outbreak  of
    44  infectious or contagious diseases.
    45    (iii)  The  facility shall institute a sick-leave policy that does not
    46  punish staff with disciplinary action  if  they  are  absent  from  work
    47  because  they  are  exhibiting symptoms, or test positive, for an infec-
    48  tious disease. Such policies shall offer the maximum amount of flexibil-
    49  ity to staff and be consistent with state guidance.
    50    (d) Clinical care. (i) The  facility  shall  shave  infection  control
    51  policies  that  outline  the  recommended transmission-based precautions
    52  that  should  be  used  when  caring  for  residents  with   respiratory
    53  infection.  These  policies shall accommodate for department and centers
    54  for disease control guidance on personal protective equipment  conserva-
    55  tion methods.

        A. 6057                             4
 
     1    (ii)  The  facility  shall  ensure all health care professionals which
     2  enter the facility have been trained to recognize the signs and symptoms
     3  of infectious diseases.
     4    (iii)  The  facility  has  written  requirements  for  residents to be
     5  screened for symptoms and have their vital  signs  monitored,  including
     6  oxygen  saturation  and  temperature  checks in accordance with the most
     7  recent state or federal guidance and  and  documented  in  the  clinical
     8  record   during  a  recognized  outbreak  of  contagious  or  infectious
     9  diseases.
    10    (iv) The facility shall  ensure  that  residents  with  any  suspected
    11  respiratory  or  infectious  illnesses  are  assessed at a more frequent
    12  rate.
    13    (e) Written communication plan.   The facility shall  have  a  written
    14  plan  for daily communications with staff, residents, and the residents'
    15  families regarding the status of infections at the facility.  Such  plan
    16  shall  be consistent with the requirements set forth in paragraph (a) of
    17  subdivision 12 of section 2803 of the public health  law.  The  facility
    18  must  designate  a  staff  member  who is responsible for these communi-
    19  cations with staff, residents and residents' families.
    20    § 6. This act shall take effect ninety days after it shall have become
    21  a law.
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