The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9028--A
 
                             I N  S E N A T E
 
                              October 5, 2020
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  RIVERA,  MAY  -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the social services law, in relation to requiring adult
   care facilities to include quality assurance committees and include  a
   focus on infection control in such facilities' quality assurance plans
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 2  of  section  461-a  of  the
 social  services  law, as amended by chapter 735 of the laws of 1994, is
 amended to read as follows:
   (c) An inspection report shall be made of each inspection which  shall
 clearly  identify and indicate in detail each area of operation, includ-
 ing, but not limited to, the premises,  equipment,  personnel,  resident
 care and services, and whether each such area of operation or any of its
 component  parts  is or is not in compliance with the regulations of the
 department and all other applicable requirements. It also shall identify
 those areas of operation or any of its  component  parts  found  not  in
 compliance  as a result of failure in systemic practices and procedures.
 The operator shall be notified of the results of  the  inspection  in  a
 manner to be determined by regulations of the department. Such notifica-
 tion shall contain directions as may be appropriate as to the manner and
 time  in  which  compliance with applicable requirements of law or regu-
 lations of the department shall be effected.  The department shall  also
 require  the operator of an adult home or residence for adults to devel-
 op, biannually update and implement plans for quality  assurance  activ-
 ities  for  each area of operation. Quality assurance activities include
 but are not limited to, development and maintenance of performance stan-
 dards INCLUDING INFECTION CONTROL,  measurement  of  adherence  to  such
 standards  and to applicable state and local laws and regulations, iden-
 tification  of  performance  failures,  design,  and  implementation  of
 corrective action. EACH PLAN MUST ALSO INCLUDE THE CREATION OF A QUALITY
 ASSURANCE  COMMITTEE THAT IS CHARGED WITH MEETING PERIODICALLY TO REVIEW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17352-03-0

 S. 9028--A                          2
 
 FINDINGS FROM MONITORING ACTIVITIES,  EVALUATING  THE  EFFECTIVENESS  OF
 CORRECTIVE  ACTIONS,  AND IDENTIFYING TRENDS AND IMPROVEMENT ACTIVITIES.
 SUCH COMMITTEE SHALL INCLUDE THE ADMINISTRATOR OR OPERATOR OF THE FACIL-
 ITY,  THE  RESIDENT  COUNCIL PRESIDENT OR OTHER RESIDENT REPRESENTATIVE,
 REPRESENTATIVES OF FAMILY MEMBERS OF RESIDENTS, AND REPRESENTATIVES FROM
 FRONTLINE EMPLOYEES FROM EACH AREA OF OPERATION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.