Bill Text: NY S08756 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes a temporary state commission to study and investigate the effects of the COVID-19 pandemic response on deaths in nursing homes; and providing for the repeal of such provisions upon expiration thereof.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2020-07-14 - REFERRED TO RULES [S08756 Detail]

Download: New_York-2019-S08756-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8756

                    IN SENATE

                                      July 14, 2020
                                       ___________

        Introduced  by  Sens.  TEDISCO,  BORRELLO, FUNKE, JORDAN, SEWARD -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Rules

        AN  ACT  establishing a temporary state commission to study and investi-
          gate the effects of the COVID-19 pandemic response on deaths in  nurs-
          ing  homes; and providing for the repeal of such provisions upon expi-
          ration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Definitions. As used in this act:
     2    a.  "commission" means the commission to investigate COVID-19 in nurs-
     3  ing homes created by section two of this act; and
     4    b. "nursing home" means a nursing home as defined in  subdivision  one
     5  of section 2895-a of the public health law.
     6    §  2.  Commission  on  long term care facilities. a. A temporary state
     7  commission, to be known as the commission  to  investigate  COVID-19  in
     8  nursing homes (hereinafter the "commission"), is hereby created to study
     9  and make recommendations concerning the following:
    10    (1)  the measures taken by nursing homes to ensure the safety of their
    11  residents during and in  response  to  the  novel  coronavirus  pandemic
    12  (hereinafter "COVID-19");
    13    (2) the success or failure of such measures in reducing or slowing the
    14  spread of COVID-19;
    15    (3) any increase in death rates of nursing home residents attributable
    16  to COVID-19;
    17    (4)  the  effectiveness  of  current state and federal laws, executive
    18  orders, rules, regulations and recommendations governing the response of
    19  nursing homes to COVID-19; and
    20    (5) such other matters as the commission deems appropriate.
    21    b. The commission shall make recommendations  for  legislation,  rules
    22  and/or regulations relating to the handling of future pandemic responses
    23  by nursing homes.
    24    c. (1) The commission shall consist of five members to be appointed as
    25  follows:  one  member  shall  be  appointed by the attorney general; one

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16797-03-0
        S. 8756                             2

     1  member shall be a member of the senate, appointed by the temporary pres-
     2  ident of the senate; one member shall  be  a  member  of  the  assembly,
     3  appointed  by  the speaker of the assembly; one member shall be a member
     4  of  the  senate, appointed by the minority leader of the senate; and one
     5  member shall be a member of the  assembly,  appointed  by  the  minority
     6  leader  of  the  assembly.  The member appointed by the attorney general
     7  shall be the chair of the commission.
     8    (2) All appointees to the commission must have a background in  health
     9  care and/or health policy. Any vacancy on the commission shall be filled
    10  in the same manner as the original appointment was made.
    11    (3) No member, officer or employee of the commission shall be disqual-
    12  ified  from  holding any other public office or employment, nor shall he
    13  or she forfeit any such office or employment by reason  of  his  or  her
    14  appointment  hereunder,  notwithstanding  the provisions of any general,
    15  special or local law, ordinance or city charter.
    16    (4) All members of the commission shall be appointed within sixty days
    17  of the effective date of this section. The first meeting of the  commis-
    18  sion  shall  take  place  within  thirty  days  after appointment of all
    19  members of the commission.
    20    d. The members of the commission shall  receive  no  compensation  for
    21  their services.
    22    e.  The commission may employ and at pleasure remove such personnel as
    23  it may deem necessary for the performance of its functions and fix their
    24  compensation within the amounts made available by  appropriation  there-
    25  for,  if  any,  or by donation, if any. The commission may meet and hold
    26  public and/or private hearings within or without the  state,  and  shall
    27  have  all the powers of a legislative committee pursuant to the legisla-
    28  tive law.
    29    f. For the accomplishment of its purposes,  the  commission  shall  be
    30  authorized and empowered to undertake any studies, inquiries, surveys or
    31  analyses  it  may  deem relevant through its own personnel or in cooper-
    32  ation with or by agreement with any other public or private agency.
    33    g. The commission may request and shall receive from any agency in the
    34  state and from any subdivision, department, board,  bureau,  commission,
    35  office, agency or other instrumentality of the state or of any political
    36  subdivision  thereof  such  facilities,  assistance and data as it deems
    37  necessary or desirable for the proper execution of its powers and duties
    38  and to effectuate the purposes set forth in this section.
    39    h. The commission is hereby authorized and empowered to enter into any
    40  agreements and to do and perform any acts that may be necessary, desira-
    41  ble or proper to carry out the purposes and objectives of this section.
    42    i. The commission  may  administer  oaths  or  affirmations,  subpoena
    43  witnesses,  compel their attendance, examine them under oath or affirma-
    44  tion and require the production of  any  books,  records,  documents  or
    45  other evidence it may deem relevant or material to an investigation.
    46    §  3. The commission shall make a report of its findings and recommen-
    47  dations and shall submit such report, including any recommendations  for
    48  legislative  action  as  it  may  deem necessary and appropriate, to the
    49  governor, the temporary president of the  senate,  the  speaker  of  the
    50  assembly,  the minority leader of the senate, the minority leader of the
    51  assembly and all members of each house of the New York state legislature
    52  one year after the first meeting of the commission.
    53    § 4. This act shall take effect immediately and shall continue in full
    54  force and effect until one year after the report and recommendations  of
    55  the  commission  on  the  novel coronavirus pandemic response in nursing
    56  home facilities is delivered to the governor and  the  legislature  when
        S. 8756                             3

     1  upon  such  date  the  provisions  of this act shall be deemed repealed;
     2  provided that the attorney general shall  notify  the  legislative  bill
     3  drafting  commission  upon  the occurrence of the delivery of the report
     4  provided  for  in section three of this act in order that the commission
     5  may maintain an accurate and timely effective data base of the  official
     6  text of the laws of the state of New York in furtherance of effectuating
     7  the  provisions of section 44 of the legislative law and section 70-b of
     8  the public officers law.