Bill Text: NY A10350 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Democrat 27-5)
Status: (Introduced - Dead) 2020-05-22 - print number 10350a [A10350 Detail]
Download: New_York-2019-A10350-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10350--A IN ASSEMBLY April 29, 2020 ___________ Introduced by M. of A. KIM, STECK, MOSLEY, HEVESI, EPSTEIN, L. ROSEN- THAL, NIOU, BICHOTTE, BLAKE, WRIGHT, GLICK, THIELE, GRIFFIN, MONTESA- NO, JACOBSON, DICKENS, McMAHON, SEAWRIGHT, SIMOTAS, ORTIZ, JAFFEE, STERN, BARRON, ROZIC, BYRNES, PALUMBO, GOTTFRIED -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the public health law, in relation to establishing requirements for residential healthcare 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 12 and 13 to read as follows: 3 12. 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 healthcare facilities 6 regarding precautions and procedures to take to protect and maintain the 7 health and safety of residents and staff during the course of an 8 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 17 to the lawful representatives of affected residents of a confirmed or 18 suspected infection, informing and educating the lawful representative 19 of the availability of alternative placement options, including but not 20 limited to home care services authorized under article thirty-six of 21 this chapter, and making available means of communication for residents 22 to communicate with the lawful representative at least once a day, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16240-02-0A. 10350--A 2 1 otherwise as is practicable. Upon issuance of such guidance, the depart- 2 ment shall disseminate it to all administrators of residential health- 3 care facilities and publish it on the department's website no less than 4 forty-eight hours after a state disaster emergency has been declared. 5 13. In the event of a state disaster emergency as defined under 6 section twenty of the executive law that involves a disease outbreak, 7 the department may utilize public health emergency appropriations for 8 the purpose of securing alternative placement options, including but not 9 limited to home care services under article thirty-six of this chapter, 10 for residents of residential healthcare facilities for the duration of 11 the state disaster emergency. 12 § 2. The public health law is amended by adding a new section 2808-e 13 to read as follows: 14 § 2808-e. Residential healthcare facility reporting requirements. 1. 15 The commissioner of health shall, in the event of an outbreak of a 16 communicable disease or infection, order all residential healthcare 17 facilities to report the following information on a daily basis to the 18 department and the local health department in the county in which the 19 facility is based: the number of residents or staff with suspected or 20 confirmed infection of the disease; the number of residents with severe 21 infection resulting in hospitalization or death; and the number of 22 fatalities following hospitalization resulting from suspected or 23 confirmed infection of the disease. The department shall aggregate and 24 publish de-identified data, submitted by residential healthcare facili- 25 ties under this section on a weekly basis, in a manner that is consist- 26 ent with the federal Health Insurance Portability and Accountability 27 Act, as amended, and any regulations promulgated thereunder. 28 2. For any residential healthcare facility that experiences a fatality 29 rate of at least five percent of the resident census as a result of a 30 state disaster emergency or disease outbreak as well as strong indi- 31 cations that the infection rate within the facility is increasing expo- 32 nentially, or otherwise attributable to a novel pathogen or known patho- 33 gen with a high lethality rate, the commissioner shall establish daily 34 communications with such facility to determine and provide, to the 35 extent practicable, all necessary supplies, equipment, personnel and 36 personnel training to ensure the facility is adequately prepared to 37 ensure the health and safety of the residents. If, in the event that 38 the fatality and infection rate remains the same or increases over a 39 fifteen day period from the commissioner's initial contact, due to 40 negligent and willful actions of the established operator, which may 41 include, but not be limited to, a willful failure to comply with proce- 42 dures or utilization of supplies and equipment provided, the commission- 43 er shall appoint a temporary operator, subject to the provisions of 44 section twenty-eight hundred six-a of this article to assume sole 45 control and sole responsibility for the operations of the facility until 46 the residents of the facility (a) may be safely transferred to another 47 residential healthcare facility or (b) transferred to a community-based 48 setting where home care services are delivered under article thirty-six 49 of this chapter, provided that, such residents qualifying for medical 50 assistance shall be deemed eligible for immediate need under subdivision 51 twelve of section three hundred sixty-six-a of the social services law. 52 If the commissioner has a reasonable belief of imminent harm to the 53 public, the commissioner may initiate receivership subject to section 54 twenty-eight hundred ten of this article. 55 § 3. This act shall take effect immediately.