Bill Text: NY S08264 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes an emergency public health transparency and accountability council to receive reports of allegations of violations of any law, regulation or executive order related to the COVID-19 outbreak, in nursing homes and adult care facilities, or any conditions or actions that otherwise put any health care provider or resident of a nursing home or adult care facility at unnecessary risk.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2020-05-01 - REFERRED TO HEALTH [S08264 Detail]

Download: New_York-2019-S08264-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8264

                    IN SENATE

                                       May 1, 2020
                                       ___________

        Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation  to  establishing  an
          emergency  public  health transparency and accountability council, and
          providing for the repeal of such provisions upon expiration 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 article
     2  27-M to read as follows:
     3                                ARTICLE 27-M
     4       EMERGENCY PUBLIC HEALTH TRANSPARENCY AND ACCOUNTABILITY COUNCIL
     5  Section 2799-v. Emergency public health transparency and  accountability
     6                    council.
     7    §  2799-v.  Emergency  public  health  transparency and accountability
     8  council. 1. There shall be established within the department an emergen-
     9  cy public health transparency and accountability council to be  composed
    10  of eleven members, including the state long-term care ombudsman pursuant
    11  to  section  two  hundred  eighteen  of  the elder law, ex officio, or a
    12  designee, and ten members who shall be appointed by the  governor,  with
    13  eight of these members appointed as follows:
    14    (a)  two members upon the recommendation of the temporary president of
    15  the senate;
    16    (b) two members upon the recommendation of the minority leader of  the
    17  senate;
    18    (c)  two  members upon the recommendation of the speaker of the assem-
    19  bly; and
    20    (d) two members upon the recommendation of the minority leader of  the
    21  assembly.
    22    Vacancies  in  the  membership  of such council shall be filled by the
    23  appropriate appointing authority. The governor  shall  select  a  chair-
    24  person from among the members of the council. The members of the council
    25  shall  include  retired  health care providers with relevant experience,
    26  including but not limited to administrative experience in a nursing home

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16236-01-0

        S. 8264                             2

     1  or adult care facility,  and  who  shall  represent  diverse  geographic
     2  regions of the state.
     3    2. For as long as the governor's declaration of a state disaster emer-
     4  gency,  pursuant  to  executive  order  number  202  of 2020, remains in
     5  effect, the emergency  public  health  transparency  and  accountability
     6  council  shall submit daily reports pursuant to subdivision four of this
     7  section to the governor, the commissioner, the director  of  the  office
     8  for  the  aging,  and each member of the state legislature. Such reports
     9  may be in an electronic format.
    10    3. (a) Within amounts  appropriated  therefor,  the  department  shall
    11  establish  a  statewide  toll-free  telephone  number  (a  "hotline") to
    12  receive reports of allegations of violations of any law,  regulation  or
    13  executive  order  related to the COVID-19 outbreak, in nursing homes and
    14  adult care facilities, or any conditions or actions that  otherwise  put
    15  any  health  care  provider  or resident of a nursing home or adult care
    16  facility at unnecessary risk. The hotline shall receive such allegations
    17  twenty-four hours per day, seven days a week. The hotline  shall  accept
    18  anonymous calls.
    19    (b)  When  any allegation that could reasonably constitute a violation
    20  of any law, regulation  or  executive  order  related  to  the  COVID-19
    21  outbreak  in a nursing home or adult care facility, or any conditions or
    22  actions that otherwise put any health care provider  or  resident  of  a
    23  nursing  home or adult care facility at unnecessary risk, is received by
    24  the hotline, the hotline shall accept and immediately transmit notice of
    25  the report to the emergency public health transparency and  accountabil-
    26  ity council.
    27    (c) The commissioner is authorized to promulgate rules and regulations
    28  to facilitate the implementation and operation of the hotline, including
    29  but  not limited to, procedures for timely and accurate referrals to the
    30  council, as well as procedures for ensuring compliance with  appropriate
    31  confidentiality requirements.
    32    (d)  Allegations  of violations received by the department pursuant to
    33  subdivision two of this section, other than those categorized  as  unre-
    34  lated  to  the  COVID-19  outbreak, shall automatically be deemed a high
    35  priority by the department for investigation, and the  department  shall
    36  direct  the  commencement of an investigation by the appropriate agency,
    37  board or officer of such allegation within twenty-four hours.
    38    4. (a) The emergency public  health  transparency  and  accountability
    39  council  shall review reported allegations of violations and allegations
    40  of conditions or actions that put health care providers or residents  of
    41  a  nursing  home  or  adult  care facility at unnecessary risk which are
    42  received by the hotline pursuant to subdivision three  of  this  section
    43  daily  for  as  long  as  the governor's declaration of a state disaster
    44  emergency, pursuant to executive order number 202 of  2020,  remains  in
    45  effect.  Provided,  however,  that  the council shall not be required to
    46  meet in person and may utilize available audio-video technology.
    47    (b) The council shall categorize allegations  by,  including  but  not
    48  limited  to,  allegations of insufficient personal protective equipment,
    49  allegations of insufficient COVID-19 testing for health  care  providers
    50  or  residents,  allegations  of  failure  to  adhere to appropriate care
    51  guidelines and allegations unrelated to  the  COVID-19  outbreak.  After
    52  reviewing  each  new  allegation,  the council shall compose a report of
    53  such allegations, broken down by category,  along  with  recommendations
    54  for best practices and solutions to immediately address such violations.
    55  Provided, however, that reports submitted to members of the state legis-

        S. 8264                             3

     1  lature  shall  not  include  specific  identifying information about the
     2  allegations.
     3    5.  The  members  of  the  emergency  public  health  transparency and
     4  accountability council shall receive no compensation for their services,
     5  but shall be allowed their actual and necessary expenses incurred in the
     6  performance of their duties hereunder.
     7    6. (a) Any person who in good faith makes a report of  allegations  of
     8  violations  of  any  law,  regulation  or executive order related to the
     9  COVID-19 outbreak in nursing homes and adult  care  facilities,  or  any
    10  conditions  or  actions  that  otherwise put any health care provider or
    11  resident of a nursing home or adult care facility  at  unnecessary  risk
    12  pursuant  to  this  section,  including  those  who in good faith make a
    13  report to the wrong recipient, shall have immunity from criminal liabil-
    14  ity which might otherwise result by reason of such actions.
    15    (b) Any person who reasonably and in good  faith  makes  a  report  of
    16  allegations  of  violations  of  any  law, regulation or executive order
    17  related to the COVID-19 outbreak in nursing homes and adult care facili-
    18  ties, or any conditions or actions that otherwise put  any  health  care
    19  provider  or resident of a nursing home or adult care facility at unnec-
    20  essary risk pursuant to this section, shall  have  immunity  from  civil
    21  liability which might otherwise result by reason of such actions.
    22    §  2.  This  act shall take effect immediately and shall expire and be
    23  deemed repealed September 1, 2021.
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