Bill Text: NY A11095 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the health department to submit a plan to establish regional step-down facilities to temporarily care for individuals who have been discharged from a hospital after receiving treatment for COVID-19, or any other sickness related to a pandemic, to a nursing home, adult care facility or assisted living residence where such individual resides until it is safe for them to return.
Spectrum: Partisan Bill (Republican 13-0)
Status: (Introduced - Dead) 2020-11-06 - referred to health [A11095 Detail]
Download: New_York-2019-A11095-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11095 IN ASSEMBLY November 6, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Byrne, Ashby, Crouch, DiPietro, Giglio, Goodell, Hawley, Kolb, M. L. Miller, Norris, Palmesano, Salka, Walsh) -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to the emergency or disaster treatment preparedness act 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 article 2 30-E to read as follows: 3 ARTICLE 30-E 4 EMERGENCY OR DISASTER TREATMENT PREPAREDNESS ACT 5 Section 3090. Declaration of purpose. 6 3091. Definitions. 7 3092. Regional Step-Down Facility Plan. 8 § 3090. Declaration of purpose. Given the devastating toll COVID-19 9 has taken on New York state, especially in nursing homes, assisted 10 living facilities, and adult care facilities, and concerns about a 11 second wave of the virus, or of future pandemics, it is essential that 12 the state is better prepared to handle a future crisis. It is the 13 purpose of this article to ensure precautions are taken to prevent the 14 repeated mistake of returning COVID-19 positive patients to nursing 15 homes, assisted living facilities and adult care facilities where the 16 population is comprised of high-risk individuals. 17 § 3091. Definitions. As used in this article: 18 1. The term "hospital" shall have the same meaning as such term is 19 defined in subdivision one of section twenty-eight hundred one of this 20 chapter and shall include any temporary health care facility established 21 by the state or federal government in response to the COVID-19 pandemic 22 or any other pandemic related response. 23 2. The term "nursing home" shall have the same meaning as such term is 24 defined in subdivision two of section twenty-eight hundred one of this 25 chapter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17342-01-0A. 11095 2 1 3. The term "adult care facility" shall have the same meaning as such 2 term is defined in subdivision twenty-one of section two of the social 3 services law. 4 4. The term "assisted living residence" shall have the same meaning as 5 such term is defined in subdivision one of section forty-six hundred 6 fifty-one of article forty-six-b of this chapter. 7 5. The term "step-down facility" shall mean a facility specifically 8 established to temporarily care for individuals who have been discharged 9 from a hospital after receiving treatment for COVID-19, or any other 10 sickness related to a pandemic, to a nursing home, adult care facility 11 or assisted living residence where such individual resides until it is 12 safe for them to return, for the purpose of preventing the spread of 13 COVID-19 or any other sickness related to a pandemic. Step-down facili- 14 ties may also admit individuals from a nursing home, adult care facility 15 or assisted living residence who have tested positive for COVID-19, or 16 any other sickness related to a pandemic, or are suspected to be posi- 17 tive for such, who did not receive treatment or who were otherwise not 18 admitted and subsequently discharged from a hospital. 19 § 3092. Regional Step-Down Facility Plan. 1. The department, in 20 consultation with organizations representing hospitals, nursing homes, 21 adult care facilities and assisted living residences, shall develop a 22 plan to establish regional step-down facilities to reduce the risk of 23 transmission of COVID-19 or any other sickness related to a pandemic 24 within nursing homes, adult care facilities or assisted living resi- 25 dences, particularly after an individual who has received treatment for 26 COVID-19 or any other sickness related to a pandemic has been discharged 27 from a hospital and would otherwise return to a nursing home, adult care 28 facility or assisted living residence while still contagious. Such plan 29 will account for a possible resurgence of the COVID-19 infection rate, 30 or the emergence of any other sickness related to a pandemic. 31 2. The commissioner shall submit such plan to the governor, the tempo- 32 rary president of the senate, the speaker of the assembly, the minority 33 leader of the senate, and the minority leader of the assembly, and shall 34 post such plan publicly on the department's website no later than Octo- 35 ber fifteenth, two thousand twenty. 36 3. The commissioner shall review and update the regional step-down 37 facility plan biennially, or more frequently if the commissioner deter- 38 mines it necessary, and shall post such updated plan publicly on the 39 department's website no later than October fifteenth of such year. 40 § 2. This act shall take effect immediately.
