S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6549
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2017
                                ___________
 
 Introduced  by  M.  of A. CUSICK, GOTTFRIED, GUNTHER, COLTON, BENEDETTO,
   JAFFEE, TITONE, COOK, HOOPER, ROSENTHAL, RAIA, WEPRIN, MOSLEY,  SKOUF-
   IS,  CAHILL,  DAVILA,  MURRAY,  PALUMBO,  RIVERA, SEPULVEDA, WALKER --
   Multi-Sponsored by -- M.  of A. ABBATE, ARROYO, BLAKE, GLICK,  HIKIND,
   MAGEE, PERRY, SIMANOWITZ -- read once and referred to the Committee on
   Governmental Operations
 
 AN  ACT  to  amend the executive law, in relation to provisions for home
   care and hospice in comprehensive emergency management plans
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 5 of section 23 of the executive law, as
 amended  by  section  4 of part B of chapter 56 of the laws of 2010, are
 amended to read as follows:
   1. Each county, except those contained within the city  of  New  York,
 and  each CITY WITH A POPULATION OF ONE MILLION OR MORE, SHALL PREPARE A
 COMPREHENSIVE EMERGENCY MANAGEMENT PLAN. EACH city WITH A POPULATION  OF
 LESS  THAN  ONE  MILLION,  town  and  village is authorized to prepare A
 comprehensive emergency management [plans] PLAN.  The disaster prepared-
 ness commission shall provide assistance and advice for the  development
 of  such  plans.  [City]  EACH  CITY  WITH A POPULATION OF LESS THAN ONE
 MILLION, town and village [plans] PLAN shall  be  coordinated  with  the
 county plan.
   5.  In  preparing such plans, cooperation, advice and assistance shall
 be sought from local government officials, regional and  local  planning
 agencies,  police  agencies,  fire departments and fire companies, local
 emergency  management  agencies,  commercial  and  volunteer   ambulance
 services,  health  and social services officials, community action agen-
 cies, the chief administrator  of  the  courts,  organizations  for  the
 elderly  and  the  handicapped,  AGENCIES AND ORGANIZATIONS THAT PROVIDE
 HOME HEALTH CARE  SERVICES,  AGENCIES  AND  ORGANIZATIONS  THAT  PROVIDE
 HOSPICE  SERVICES,  other interested groups and the general public. Such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10339-01-7

 A. 6549                             2
 
 advice and assistance may be obtained through public  hearings  held  on
 public notice, or through other appropriate AND PRACTICAL methods.
   §  2.  Subparagraphs  17  and  18  of  paragraph b of subdivision 7 of
 section 23 of the executive law, as amended by section 4 of  part  B  of
 chapter 56 of the laws of 2010, are amended and a new subparagraph 19 is
 added to read as follows:
   (17)  continued  operation  of  governments of political subdivisions;
 [and]
   (18) utilization and coordination of programs  to  assist  individuals
 with  household  pets  and  service  animals  following a disaster, with
 particular attention to means of evacuation, shelter and  transportation
 options[.]; AND
   (19)  PROCEDURES  FOR  ALLOWING  ACCESS  BY  PHYSICIANS, NURSES, OTHER
 MEDICAL PROFESSIONALS, PERSONNEL OF CERTIFIED HOME HEALTH AGENCIES, LONG
 TERM HOME HEALTH CARE PROGRAMS OR LICENSED HOME CARE  SERVICES  AGENCIES
 GOVERNED  UNDER ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW, AND PERSON-
 NEL OF HOSPICES CERTIFIED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH
 LAW OR ANY OTHER PERSONNEL DEEMED NECESSARY TO PROVIDE VITAL HEALTH CARE
 TO INDIVIDUALS IN THEIR CARE; SUCH PROCEDURES  SHALL  ALSO  ADDRESS  HOW
 SUCH  PROFESSIONALS  AND  PERSONNEL WILL BE REQUIRED TO BE IDENTIFIED IN
 ORDER TO GAIN ACCESS TO AREAS WHERE ACCESS HAS OTHERWISE BEEN RESTRICTED
 OR SUBJECT TO CURFEW IN  DECLARED  EMERGENCIES.  SUCH  PROCEDURES  SHALL
 ENSURE  THAT  ACCESS  BY SUCH PROFESSIONALS AND PERSONNEL IN AREAS WHERE
 ACCESS HAS OTHERWISE BEEN RESTRICTED OR SUBJECT TO CURFEW SHALL  NOT  BE
 CONSTRUED  TO PROHIBIT LOCAL EMERGENCY MANAGEMENT OFFICIALS FROM DENYING
 SUCH ACCESS WHEN IN  THEIR  DISCRETION  CONDITIONS  NECESSITATE  SUCH  A
 DENIAL.
   §  3.  Each  county, and each city with a population of one million or
 more, that on the effective date of this  act  has  already  prepared  a
 comprehensive  emergency  management  plan shall revise such plan in the
 event such revisions are needed to comply with the  provisions  of  this
 act,  and  shall  submit  such  revised plan to the division of homeland
 security and emergency services on or before the one  hundred  eightieth
 day after the effective date of this act.
   § 4. This act shall take effect immediately.