Bill Text: NY A10394 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to requiring residential health care facilities to submit an annual pandemic emergency plan to the commissioner of health; requires such plan to include a communication plan with families, plans to protect staff, residents and families against infection, and plans to preserve a resident's place at the facility if he or she is hospitalized.

Spectrum: Partisan Bill (Democrat 32-0)

Status: (Passed) 2020-06-17 - SIGNED CHAP.114 [A10394 Detail]

Download: New_York-2019-A10394-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10394--A

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        Introduced  by M. of A. LENTOL, JACOBSON, EICHENSTEIN, ORTIZ, O'DONNELL,
          D'URSO, BUCHWALD, GLICK, GOTTFRIED, GRIFFIN, MOSLEY, SEAWRIGHT, SIMON,
          THIELE, GALEF, COLTON -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT --
          read once and  referred  to  the  Committee  on  Health  --  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 residen-
          tial  health  care  facilities to prepare an annual pandemic emergency
          plan

          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  a new subdivision 12 to read as follows:
     3    12. (a) Each residential health care facility  shall,  no  later  than
     4  ninety  days  after  the effective date of this subdivision and annually
     5  thereafter, or more frequently as may be directed by  the  commissioner,
     6  prepare  and make available to the public on the facility's website, and
     7  immediately upon request, in a form acceptable to  the  commissioner,  a
     8  pandemic emergency plan which shall include but not be limited to:
     9    (i) a communication plan:
    10    (A)  to  update  authorized  family  members and guardians of infected
    11  residents at least once per day and upon a change in a resident's condi-
    12  tion and at least once a week to update  all  residents  and  authorized
    13  families  and  guardians  on  the number of infections and deaths at the
    14  facility, by electronic or such other means as may be selected  by  each
    15  authorized family member or guardian; and
    16    (B) that includes a method to provide all residents with daily access,
    17  at  no cost, to remote videoconference or equivalent communication meth-
    18  ods with family members and guardians; and
    19    (ii) protection plans against infection for staff, residents and fami-
    20  lies, including:
    21    (A) a plan for hospitalized residents to be readmitted to  such  resi-
    22  dential  health  care  facility  after treatment, in accordance with all
    23  applicable laws and regulations; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16260-09-0
        A. 10394--A                         2

     1    (B) a plan for such residential health care facility  to  maintain  or
     2  contract  to  have  at  least  a two-month supply of personal protective
     3  equipment; and
     4    (iii) a plan for preserving a resident's place in a residential health
     5  care  facility  if such resident is hospitalized, in accordance with all
     6  applicable laws and regulations.
     7    (b) The residential health care facility shall prepare and comply with
     8  the pandemic emergency plan. Failure to do so shall be  a  violation  of
     9  this  subdivision  and  may  be  subject  to civil penalties pursuant to
    10  section twelve and twelve-b of  this  chapter.  The  commissioner  shall
    11  review  each  residential  health  care facility for compliance with its
    12  plan and the applicable regulations in accordance  with  paragraphs  (a)
    13  and (b) of subdivision one of this section.
    14    (c)  Within  thirty  days after the residential health care facility's
    15  receipt of written notice of noncompliance such residential health  care
    16  facility  shall  submit  a plan of correction in such form and manner as
    17  specified by the commissioner for achieving compliance with its plan and
    18  with the applicable regulations. The commissioner shall ensure each such
    19  residential health care facility complies with its  plan  of  correction
    20  and the applicable regulations.
    21    (d) The commissioner shall promulgate any rules and regulations neces-
    22  sary to implement the provisions of this subdivision.
    23    § 2. This act shall take effect immediately.