S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5016
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 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
 advice  and  assistance  may be obtained through public hearings held on
 public notice, or through other appropriate AND PRACTICAL methods.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10339-01-7
              

 S. 5016                             2
 
   § 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.