NY State Senate Bill 2021-S7437

Senate Bill S7437

2021-2022 Legislative Session

Requires the department of health to post on its website certain data relating to healthcare personnel

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Oct 14, 2021	referred to rules

2021-S7437 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §206-c, Pub Health L

2021-S7437 (ACTIVE) - Summary

Requires the department of health to post on its website certain data relating to the total number of personnel employed or affiliated with certain health care facilities, personnel who are no longer employed by such facilities, and the reason for such personnel leaving such employment, the number of requested personnel from the New York state surge and flex operations center, and the number of personnel employed as a result of such center.

2021-S7437 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7437

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring the
department of health to post on its website certain data relating to
personnel employed or affiliated with health care facilities

 
PURPOSE:

To ensure data on staffing shortages in hospitals, nursing homes and
other healthcare facilities is available to all stakeholders and the
public

 
SUMMARY OF PROVISIONS:

Section 1: Establishes a new section 206-c of the Public Health law to
provide for special requirements with respect to staffing data in hospi-
tals, nursing homes and other healthcare facilities.

Provides for the definition of "covered entity," "personnel" and "New

York state surge and flex operations center." Requires the Department of
Health to post data on a weekly basis, covering the total number of
personnel employed by or affiliated with a covered entity in New York
State, in addition to the number of personnel who have left such employ-
ment or affiliation, and their reasoning for doing so; the total number
of requested personnel from the New York State Surge and Flex Operations
Center and the total number of personnel employed or affiliated with a
covered entity as a result of the Operations Center.

Further requires that such data shall be organized by county, date,
personnel title and any license or certification held by such personnel,
and covered entity. Such data shall include data retroactive to August
16, 2021, to the extent such data is available to the department.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Recent reporting indicates that as COVID-19 continues to stress our
healthcare systems, many hospitals, nursing homes and other healthcare
facilities are facing a severe staffing crisis. The State established a
"Surge and Flex Operations Center," led by the Department of Health
(DOH), to "(1) support nursing homes in identifying solutions to staff-
ing challenges, and (2) assist a nursing home if they cannot meet their
obligations under the Public Health Law and regulations and need to
decant residents to another nursing home-facility," however media
reports indicate that multiple long term care facilities are being told
by the Operations Center's hotline that there is no staffing available.

Furthermore, it appears there is a clear miscommunication going on
between the State and healthcare facilities in what staffing assistance
is potentially available to fill the needs of these facilities, which is
causing unnecessary confusion at a time when it is critical that all
stakeholders are on the same page in terms of the facts in order to
adequately address the ongoing staffing crisis.


In an effort to eliminate this confusion, and empower all stakeholders
to make informed recommendations and decisions to ensure New York's
healthcare facilities have the staffing necessary to provide the quality
of care New Yorker's deserve, this legislation would require the Depart-
ment of Health to post data with respect to staffing in New York's
hospitals, nursing homes and other healthcare facilities. On a weekly
basis, DOH would be required to post data on its website that includes
the total number of personnel employed by or affiliated with a covered
entity in New York State, in addition to the number of personnel who
have left such employment or affiliation, and their reasoning for doing
so; the total number of requested personnel from the New York State
Surge and Flex Operations Center and the total number of personnel
employed or affiliated with a covered entity as a result of the Oper-
ations Center.

This data would need to be posted in a conspicuous location on the
Department's website, in a format capable of download in a spreadsheet
format, and would need to be organized by county, date, personnel title
and any license or certification held by such personnel, and covered
entity. Such data shall include data retroactive to August 16, 2021, to
the extent such data is available to the department.

The COVID-19 pandemic has shown that no single entity is capable of
defeating a global pandemic alone. This legislation will give all stake-
holders the information they need to shape fact-based policies and
actions, and is necessary if New York is to learn from previous mistakes
throughout the pandemic, and prevent future mistakes as well.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7437 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7437
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 14, 2021
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law,  in  relation  to  requiring  the
   department  of  health to post on its website certain data relating to
   personnel employed or affiliated with health care facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 206-c to read as follows:
   § 206-C. SPECIAL REQUIREMENTS WITH RESPECT TO HOSPITAL,  NURSING  HOME
 AND OTHER HEALTHCARE FACILITY STAFFING DATA. 1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED ENTITY" MEANS:
   (I)  A  "HOSPITAL"  AS  DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF
 THIS CHAPTER;
   (II) ANY AGENCY ESTABLISHED PURSUANT TO  ARTICLE  THIRTY-SIX  OF  THIS
 CHAPTER;
   (III)  A  "HOSPICE"  AS  DEFINED  IN SECTION FOUR THOUSAND TWO OF THIS
 CHAPTER; AND
   (IV) AN ADULT CARE FACILITY UNDER THE DEPARTMENT'S REGULATORY AUTHORI-
 TY, PURSUANT TO ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
   (B) "PERSONNEL" MEANS PERSONS EMPLOYED BY OR AFFILIATED WITH A COVERED
 ENTITY, WHETHER PAID OR UNPAID, INCLUDING BUT NOT LIMITED TO  EMPLOYEES,
 MEMBERS  OF  THE MEDICAL AND NURSING STAFF, CONTRACT STAFF, STUDENTS AND
 VOLUNTEERS, WHO ENGAGE IN ACTIVITIES, THAT IF SUCH PERSON  WAS  INFECTED
 WITH  COVID-19, HE OR SHE COULD POTENTIALLY EXPOSE OTHER COVERED PERSON-
 NEL, PATIENTS OR RESIDENTS TO SUCH DISEASE.
   (C) "NEW YORK STATE SURGE AND FLEX OPERATIONS CENTER" MEANS THE  STATE
 OPERATED CENTER LED BY THE DEPARTMENT TO MONITOR STAFFING OPERATIONS AND
 TRENDS  STATEWIDE,  PROVIDE  GUIDANCE  TO  HEALTHCARE FACILITIES AND AID
 FACILITIES WITH STAFFING SHORTAGES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13371-04-1

 S. 7437                             2
 
   2. THE COMMISSIONER SHALL COMPILE AND POST ON THE DEPARTMENT'S WEBSITE
 IN A CONSPICUOUS LOCATION AND IN A  FORMAT  CAPABLE  OF  DOWNLOAD  IN  A
 SPREADSHEET FORMAT, THE FOLLOWING DATA ON A WEEKLY BASIS:
   (A)  THE  TOTAL  NUMBER OF PERSONNEL WHO ARE EMPLOYED BY OR AFFILIATED
 WITH A COVERED ENTITY IN NEW YORK STATE;
   (B) THE TOTAL NUMBER OF PERSONNEL WHO ARE NO  LONGER  EMPLOYED  BY  OR
 AFFILIATED  WITH  A COVERED ENTITY IN NEW YORK STATE, AND THE REASON FOR
 LEAVING SUCH EMPLOYMENT OR AFFILIATION;
   (C) THE TOTAL NUMBER OF REQUESTED PERSONNEL FROM THE  NEW  YORK  STATE
 SURGE AND FLEX OPERATIONS CENTER; AND
   (D)  THE  TOTAL  NUMBER  OF  PERSONNEL  EMPLOYED  OR AFFILIATED WITH A
 COVERED ENTITY AS A RESULT OF THE NEW YORK STATE SURGE  AND  FLEX  OPER-
 ATIONS CENTER.
   3.  THE  DATA POSTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
 BE ORGANIZED BY COUNTY, DATE, PERSONNEL TITLE AND ANY LICENSE OR CERTIF-
 ICATION HELD BY SUCH PERSONNEL AND COVERED  ENTITY,  AND  SHALL  INCLUDE
 DATA RETROACTIVE TO AUGUST SIXTEENTH, TWO THOUSAND TWENTY-ONE.
   § 2. This act shall take effect immediately.

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