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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8289--A

                    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  --  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 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 authorized family members and guar-
     8  dians of infected patients twice per day on a patient's condition and at
     9  least  once  a  week  to update all patients and authorized families and
    10  guardians on the number of infections and deaths at the facility;
    11    (ii) protection plans against infection for staff, patients and  fami-
    12  lies, including:
    13    (A) a plan for hospitalized patients to be readmitted to such residen-
    14  tial health care facility after treatment; and
    15    (B)  a  plan  for such residential health care facility to maintain or
    16  contract to have access to at  least  a  two-month  supply  of  personal
    17  protective equipment; and
    18    (iii)  a plan for preserving a patient's place in a residential health
    19  care facility if such patient is hospitalized.
    20    (b) The commissioner shall audit each residential health care facility
    21  for compliance with its plan and the applicable regulations on an annual
    22  basis.
    23    (c) Within thirty days after the residential  health  care  facility's
    24  receipt  of written notice of noncompliance such residential health care
    25  facility shall submit a plan of correction in such form  and  manner  as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16260-04-0
        S. 8289--A                          2

     1  specified by the commissioner for achieving compliance with its plan and
     2  with the applicable regulations. The commissioner shall ensure each such
     3  residential  health  care  facility complies with its plan of correction
     4  and the applicable regulations.
     5    (d)  The commissioner may assess a civil penalty of up to two thousand
     6  five hundred dollars for a first violation, and  five  thousand  dollars
     7  for subsequent violations of any provision of this subdivision.
     8    (e) The commissioner shall promulgate any rules and regulations neces-
     9  sary to implement the provisions of this subdivision.
    10    § 2. This act shall take effect immediately.