Bill Text: NY A06057 | 2021-2022 | General Assembly | Amended
Bill Title: Directs the commissioner of health to establish and implement an infection inspection audit and checklist on nursing homes.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2021-06-07 - substituted by s1783a [A06057 Detail]
Download: New_York-2021-A06057-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6057--A 2021-2022 Regular Sessions IN ASSEMBLY March 5, 2021 ___________ Introduced by M. of A. BURKE, COLTON, STIRPE, GRIFFIN, JACOBSON, BUTTENSCHON, BICHOTTE HERMELYN, GALEF -- read once and referred to the Committee on Health -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to directing the department of health to establish and implement an infection inspection audit and checklist on nursing homes 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 2803-aa to read as follows: 3 § 2803-aa. Nursing home infection control competency audit. 1. The 4 commissioner shall establish in the department a program for audits of 5 nursing homes to measure specific core competencies relating to 6 infection control of each nursing home. The audits shall commence on 7 October 1, 2021, and shall be conducted annually thereafter. 8 2. (a) The audit shall utilize a checklist to evaluate infection 9 control competency of each nursing home. 10 (b) A nursing home meeting at least eighty-five percent of the crite- 11 ria on the checklist shall be scored as "proficient" in infection 12 control competency. 13 (c) If a nursing home meets between sixty percent and eighty-four 14 percent of the required criteria within the checklist, the nursing home 15 will be scored as "proficiency pending reinspection." Such nursing home 16 will be audited by the department at least once before the next annual 17 inspection. 18 (d) A nursing home that meets less than sixty percent of the criteria 19 within the checklist, or fails a proficiency pending reinspection, shall 20 be scored as "not proficient". EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02904-06-1A. 6057--A 2 1 Facilities scored as "not proficient" shall continue to be audited at 2 monthly intervals until such facilities meet at least eighty-five 3 percent of the criteria within the checklist. 4 3. An audit of core competencies shall include, but not be limited to, 5 the following, and shall be consistent with applicable federal, state 6 and local guidelines and requirements: 7 (a) Infection control. (i) The nursing home shall assign an infection 8 lead staff person to implement infection control based on federal and 9 state public health advisories, guidelines and rules. 10 (ii) The nursing home shall have a written infection control program 11 which includes, but is not limited to: 12 (A) A plan to investigate, control and take action to prevent 13 infections in the nursing home; 14 (B) Procedures for isolation and universal precautions for residents 15 suspected or confirmed to have a contagious or infectious disease; and 16 (C) A record of incidences and corrective actions related to 17 infections at the nursing home. 18 (iii) During an officially declared national emergency, or state or 19 municipal emergency declared pursuant to article two-B of the executive 20 law, related to a contagious or infectious disease outbreak, the nursing 21 home shall have screening requirements for every individual entering the 22 facility, including staff, for symptoms associated with the infectious 23 disease outbreak. 24 (iv) The nursing home shall have a staffing plan to limit transmission 25 that shall include, but not be limited to: 26 (A) Dedicated, consistent staffing teams who directly interact with 27 residents that are confirmed or suspected to be infected with a conta- 28 gious or infectious disease; and 29 (B) Limiting clinical and other staff who have direct resident contact 30 to specific areas of the facility. There shall be no rotation of staff 31 between various areas of the facility during the period they are working 32 each day during periods of recognized outbreaks. 33 (v) The nursing home shall ensure ongoing access to the necessary 34 supplies for hand hygiene for staff and residents, hospital disinfec- 35 tants or alternatives to allow for necessary and appropriate cleaning 36 and disinfecting of surfaces and shared resident care equipment. 37 (vi) The nursing home shall train staff and establish protocols for 38 selecting, donning and doffing appropriate personal protective equipment 39 and demonstrate competency during resident care. The nursing home must 40 keep a record of staff training in proper storage, use, reuse, and 41 disposal of personal protective equipment. 42 (vii) The nursing home must designate a staff member for every shift 43 who is responsible for ensuring the proper use of personal protective 44 equipment by all staff. 45 (b) The nursing home shall demonstrate that there has been advanced 46 planning, in alignment with the facility's emergency preparedness plans 47 and pandemic emergency plan, for contingent staffing needs in the case 48 of staff quarantines that shall have an employee responsible for 49 conducting a daily assessment of staffing status and needs during an 50 outbreak of infectious or contagious diseases, and institute a sick- 51 leave policy that does not punish staff with disciplinary action if they 52 are absent from work because they are exhibiting symptoms, or test posi- 53 tive, for an infectious disease. Such policies shall offer the maximum 54 amount of flexibility to staff and be consistent with state guidance. 55 (c) The nursing home shall have a written plan for daily communi- 56 cations with staff, residents, and the residents' families regarding theA. 6057--A 3 1 status of infections at the nursing home. Such plan shall be consistent 2 with the requirements set forth in paragraph (a) of subdivision twelve 3 of section twenty-eight hundred three of this article. The nursing home 4 must designate one or more staff members who are responsible for these 5 communications with staff, residents and residents' families. 6 § 2. This act shall take effect ninety days after it shall have become 7 a law.
