Requires COVID-19 testing for employees in nursing homes and residential health care facilities at least once a week; provided, however, employees who have not received the full set of vaccinations shall be tested twice a week.
STATE OF NEW YORK
________________________________________________________________________
6601--C
2021-2022 Regular Sessions
IN SENATE
May 10, 2021
___________
Introduced by Sens. COONEY, RIVERA -- read twice and ordered printed,
and when printed to be committed to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to requiring COVID-19
testing of certain employees at nursing homes, residential health care
facilities, assisted living facilities and enhanced assisted living
facilities; and providing for the repeal of such provisions upon expi-
ration thereof
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 2805-aa to read as follows:
3 § 2805-aa. COVID-19 testing. 1. Every nursing home and residential
4 health care facility shall, once a week, test every employee whose scope
5 of employment includes contact with residents at such nursing home or
6 residential health care facility for COVID-19. If such employee has not
7 received the full set of vaccinations for COVID-19, such testing shall
8 occur twice a week.
9 2. Every nursing home and residential health care facility shall, once
10 a month, test every employee whose scope of employment does not include
11 contact with residents at such nursing home or residential health care
12 facility for COVID-19. If such employee has not received the full set
13 of vaccinations for COVID-19, such testing shall occur twice a month.
14 3. The commissioner may, at his or her discretion, set testing stand-
15 ards which are less frequent than those provided in this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11322-05-1
S. 6601--C 2
1 § 2. Section 4656 of the public health law, as added by chapter 2 of
2 the laws of 2004, is amended by adding a new subdivision 9 to read as
3 follows:
4 9. a. Every assisted living operator shall, once a week, test every
5 employee whose scope of employment includes contact with residents at
6 such assisted living residence for COVID-19. If such employee has not
7 received the full set of vaccinations for COVID-19, such testing shall
8 occur twice a week.
9 b. Every assisted living operator shall, once a month, test every
10 employee whose scope of employment does not include contact with resi-
11 dents at such assisted living residence for COVID-19. If such employee
12 has not received the full set of vaccinations for COVID-19, such testing
13 shall occur twice a month.
14 c. The commissioner may, at his or her discretion, set testing stand-
15 ards which are less frequent than those provided in this subdivision.
16 § 3. This act shall take effect immediately; provided that the
17 provisions of this act shall expire and be deemed repealed upon the
18 expiration of the declared state of disaster emergency relating to the
19 novel coronavirus (COVID-19); and provided, further, that the commis-
20 sioner of health shall notify the legislative bill drafting commission
21 upon the occurrence of the expiration of the state disaster emergency
22 declared by executive order number 202 and any further amendments or
23 modifications, and as may be further extended pursuant to section 28 of
24 the executive law, in order that the commission may maintain an accurate
25 and timely effective data base of the official text of the laws of the
26 state of New York in furtherance of effectuating the provisions of
27 section 44 of the legislative law and section 70-b of the public offi-
28 cers law.
