Bill Text: NY S08289 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 8-0)

Status: (Passed) 2020-06-17 - SIGNED CHAP.114 [S08289 Detail]

Download: New_York-2019-S08289-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8289

                    IN SENATE

                                       May 6, 2020
                                       ___________

        Introduced  by  Sen. SALAZAR -- 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 requiring residen-
          tial health care facilities to submit  an  annual  pandemic  emergency
          plan to the commissioner of health

          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  January first, two thousand twenty-one and annually  thereafter,  submit
     5  to  the  commissioner for approval a pandemic emergency plan which shall
     6  include but not be limited to:
     7    (i) a communication plan to update families and  guardians  twice  per
     8  day on a patient's condition;
     9    (ii)  protection plans against infection for staff, patients and fami-
    10  lies, including:
    11    (A) a plan for hospitalized patients to be cleared of infection  prior
    12  to readmission to such residential health care facility; and
    13    (B)  a  plan  for such residential health care facility to maintain at
    14  least a two-month supply of personal protective equipment; and
    15    (iii) a plan for preserving a patient's place in a residential  health
    16  care facility if such patient is hospitalized.
    17    (b) The commissioner shall audit each residential health care facility
    18  for compliance with its plan and the applicable regulations on an annual
    19  basis.
    20    (c)  Within  thirty  days after the residential health care facility's
    21  receipt of written notice of noncompliance such residential health  care
    22  facility  shall  submit  a plan of correction in such form and manner as
    23  specified by the commissioner for achieving compliance with its plan and
    24  with the applicable regulations. The commissioner shall audit each  such
    25  residential  health  care  facility for compliance with its plan and the
    26  applicable regulations within a reasonable time after submission of such
    27  plan of correction.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16260-01-0
        S. 8289                             2

     1    (d) Noncompliance with any provision  of  this  subdivision  shall  be
     2  punishable  as  provided  in  section twelve-b of this chapter or in the
     3  penal law.
     4    § 2. This act shall take effect immediately.