BILL NUMBER: S8869

SPONSOR: MAY
 
TITLE OF BILL:

An act requiring the commissioner of health to promulgate rules and
regulations requiring nursing homes and residential health care facili-
ties to test all residents of such nursing homes and residential health
care facilities for the novel coronavirus (COVID-19)

 
PURPOSE:

To require the Commissioner of Health to implement a requirement, within
14 days after this bill shall become law, for all nursing homes and
residential health care facilities to test all residents for COVID-19
every 30 days and within 7 days after a staff member or another resident
tests positive. This requirement would apply during the state of emer-
gency and for 60 days thereafter.

After the state of emergency has been over for 60 days, all residents
must be tested for COVID19 within 7 days after a resident or staff
member tests positive for COVID-19 and again 30 days after the initial
              

testing.

 
SUMMARY OF PROVISIONS:

Section 1 (a) provides that within 14 days after this bill shall become
law, the Commissioner of Health shall promulgate rules and regulations
requiring nursing homes and residential health care facilities to test
all residents of such nursing homes and residential health care facili-
ties for the novel coronavirus (COVID-19) during the state disaster
emergency declared pursuant to.  Executive Order Number 202 of 2020, as
amended, every 30 days, and additionally, within one week after a member
of the staff of the facility or nursing home or another resident tests
positive for COVID-19, and for 60 days after the expiration of such
Executive Order, as amended.

Section 1(b) provides that after 60 days after the state of emergency
has expired, if a resident or staff member tests positive then all resi-
dents must be tested with 7 days and again 30 days thereafter.

Section 2 is the effective date which is immediately.

 
JUSTIFICATION:

The residents of our nursing homes and residential health care facili-
ties are among our most vulnerable populations. These mostly older resi-
dents live in close quarters, share many communal areas, and, in some
cases, share rooms with other residents. For these reasons and more,
nursing homes and residential health care facilities are ideal breeding
grounds for any virus, particularly one that is as deadly and as easily
transmitted as COVID-19.

The March 25, 2020 Department of Health directive making it illegal for
nursing homes and residential health care facilities to "deny the admis-
sion of residents solely based on a confirmed or suspected diagnosis of
COVID-19" put this already vulnerable population at even greater risk.


Since then, the State has modified this policy and no longer requires
the admittance of COVID positive individuals if the facility involved is
not properly equipped to handle them. A facility can now deny admittance
if it cannot safely separate infected individuals from other residents,
if it is unable to provide infected individuals with a dedicated staff,
or if it lacks Sufficient personal protective equipment.

While the May 10, 2020 Executive Order Number 202.30 required that the
staff of such nursing homes and residential health care facilities be
tested twice a week for COVID-19, no provision was made with respect to
the testing of the residents.

This bill would correct that omission.

It does no good to limit testing to staff. If a staff member tests posi-
tive, it is likely that they have already infected others.  Similarly,
if one resident is positive, it is likely that they have already
infected others.

This bill requires all residents in nursing homes and residential health
care facilities to be tested for COVID-19 every 30 days and after a
staff member or another resident tests positive. The 30-day testing
requirement would continue until 60 days after the state of emergency
has ended.

After 60 days after the state of emergency has ended, should a staff
member or resident test positive for COVID-19, all residents must be
tested within 7 days and again 30 days later. This would ensure that the
virus has not spread throughout the nursing home or residential health
care facility.

 
FISCAL IMPACT:

To be determined.

 
LEGISLATIVE HISTORY:

2020: A10564 (Jacobson)

 
EFFECTIVE DATE:
Immediately.