S T A T E O F N E W Y O R K
________________________________________________________________________
8890
I N S E N A T E
August 7, 2020
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT directing the department of health to make publicly available the
results of all inspections conducted by such department in nursing
homes and other residential health care facilities in the state during
the COVID-19 state disaster emergency and to conduct a comparative
study of practices utilized in nursing homes and other residential
health care facilities in the state during the pendency of the COVID-
19 state disaster emergency and identify best practices for ensuring
the containment and prevention of future outbreaks of COVID-19 in
residential health care facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. a. Within thirty days after the effective date of this
section, the department of health shall publish on its website, in a
location accessible to the public, the results of all inspections
conducted by such department in nursing homes and other residential
health care facilities in the state during the COVID-19 state disaster
emergency declared pursuant to Executive Order No. 202 on March 7, 2020.
Such reports shall be published in their entirety; provided, however,
that any portion of a report that contains patient-identifying informa-
tion shall be redacted. In the event that information in a report is
redacted, such department shall note on its website the reason for the
redaction.
b. During the pendency of the COVID-19 state disaster emergency
declared pursuant to Executive Order No. 202 of 2020, the department of
health shall release the results of all future inspections conducted by
such department in nursing homes in the state within thirty days of the
completion of such report. Such reports shall be published in their
entirety; provided, however, that any portion of a report that contains
patient-identifying information shall be redacted. In the event that
information in a report is redacted, such department shall note on its
website the reason for the redaction.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17085-02-0
S. 8890 2
§ 2. The department of health shall conduct a comparative study of
practices utilized in nursing homes and other residential health care
facilities in the state during the pendency of the COVID-19 state disas-
ter emergency declared pursuant to Executive Order No. 202 of 2020 to
protect employees and residents from infection. Such department shall
perform a detailed analysis of infection control measures implemented at
each facility, staffing levels and other staffing issues, and the
success of the facility in maintaining a good quality of life for resi-
dents of the facility. Such department shall identify best practices for
ensuring the containment and prevention of future outbreaks of COVID-19
in residential health care facilities. On or before December 15, 2020,
such department shall prepare a report of its findings and publish such
report on its website, in a location accessible to the public.
§ 3. As used in this act:
a. "nursing home" means a nursing home as defined in subdivision 1 of
section 2895-a of the public health law; and
b. "residential health care facility" means a residential health care
facility as defined in subdivision 3 of section 2801 of the public
health law.
§ 4. This act shall take effect immediately.