S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10350--A
 
                           I N  A S S E M B L Y
 
                              April 29, 2020
                                ___________
 
 Introduced  by  M.  of A. KIM, STECK, MOSLEY, HEVESI, EPSTEIN, L. ROSEN-
   THAL, NIOU, BICHOTTE, BLAKE, WRIGHT, GLICK, THIELE, GRIFFIN,  MONTESA-
   NO,  JACOBSON,  DICKENS,  McMAHON,  SEAWRIGHT, SIMOTAS, ORTIZ, JAFFEE,
   STERN, BARRON, ROZIC, BYRNES, PALUMBO,  GOTTFRIED  --  read  once  and
   referred  to  the  Committee  on  Health -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  public  health law, in relation to establishing
   requirements for residential  healthcare  facilities  during  a  state
   disaster emergency involving a disease outbreak
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2803 of the public health law is amended by  adding
 two new subdivisions 12 and 13 to read as follows:
   12.  IN  THE  EVENT  OF  A  STATE  DISASTER EMERGENCY AS DEFINED UNDER
 SECTION TWENTY OF THE EXECUTIVE LAW THAT INVOLVES  A  DISEASE  OUTBREAK,
 THE DEPARTMENT SHALL ISSUE GUIDANCE TO RESIDENTIAL HEALTHCARE FACILITIES
 REGARDING PRECAUTIONS AND PROCEDURES TO TAKE TO PROTECT AND MAINTAIN THE
 HEALTH  AND  SAFETY  OF  RESIDENTS  AND  STAFF  DURING  THE COURSE OF AN
 OUTBREAK, AND TO  PREVENT  WIDESPREAD  TRANSMISSION  OF  A  COMMUNICABLE
 DISEASE.   SUCH   GUIDANCE   SHALL   INCLUDE  BUT  NOT  BE  LIMITED  TO:
 RESTRICTIONS ON VISITATION AND ENTRY INTO THE FACILITY BY  NON-ESSENTIAL
 PERSONNEL,  STAFF  EDUCATION  AND TRAINING ON SYMPTOMS AND TRANSMISSION,
 SCREENING OF ALL STAFF PRIOR TO THE COMMENCEMENT OF A WORK SHIFT,  DAILY
 INVENTORY  AND REPORTING TO THE DEPARTMENT OF PERSONAL PROTECTIVE EQUIP-
 MENT AND OTHER SUPPLIES, HAND HYGIENE  AND  ENVIRONMENTAL  DISINFECTION,
 MASK  USE  AND SOURCE CONTROL, RESIDENT EDUCATION AND MONITORING, PLACE-
 MENT OF RESIDENTS WITH CONFIRMED OR SUSPECTED  INFECTIONS,  NOTIFICATION
 TO  THE  LAWFUL  REPRESENTATIVES OF AFFECTED RESIDENTS OF A CONFIRMED OR
 SUSPECTED INFECTION, INFORMING AND EDUCATING THE  LAWFUL  REPRESENTATIVE
 OF  THE AVAILABILITY OF ALTERNATIVE PLACEMENT OPTIONS, INCLUDING BUT NOT
 LIMITED TO HOME CARE SERVICES AUTHORIZED  UNDER  ARTICLE  THIRTY-SIX  OF
 THIS  CHAPTER, AND MAKING AVAILABLE MEANS OF COMMUNICATION FOR RESIDENTS
 TO COMMUNICATE WITH THE LAWFUL REPRESENTATIVE AT LEAST ONCE  A  DAY,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16240-02-0

 A. 10350--A                         2

 OTHERWISE AS IS PRACTICABLE. UPON ISSUANCE OF SUCH GUIDANCE, THE DEPART-
 MENT  SHALL  DISSEMINATE IT TO ALL ADMINISTRATORS OF RESIDENTIAL HEALTH-
 CARE FACILITIES AND PUBLISH IT ON THE DEPARTMENT'S WEBSITE NO LESS  THAN
 FORTY-EIGHT HOURS AFTER A STATE DISASTER EMERGENCY HAS BEEN DECLARED.
   13.  IN  THE  EVENT  OF  A  STATE  DISASTER EMERGENCY AS DEFINED UNDER
 SECTION TWENTY OF THE EXECUTIVE LAW THAT INVOLVES  A  DISEASE  OUTBREAK,
 THE  DEPARTMENT  MAY  UTILIZE PUBLIC HEALTH EMERGENCY APPROPRIATIONS FOR
 THE PURPOSE OF SECURING ALTERNATIVE PLACEMENT OPTIONS, INCLUDING BUT NOT
 LIMITED TO HOME CARE SERVICES UNDER ARTICLE THIRTY-SIX OF THIS  CHAPTER,
 FOR  RESIDENTS  OF RESIDENTIAL HEALTHCARE FACILITIES FOR THE DURATION OF
 THE STATE DISASTER EMERGENCY.
   § 2. The public health law is amended by adding a new  section  2808-e
 to read as follows:
   §  2808-E.  RESIDENTIAL HEALTHCARE FACILITY REPORTING REQUIREMENTS. 1.
 THE COMMISSIONER OF HEALTH SHALL, IN THE  EVENT  OF  AN  OUTBREAK  OF  A
 COMMUNICABLE  DISEASE  OR  INFECTION,  ORDER  ALL RESIDENTIAL HEALTHCARE
 FACILITIES TO REPORT THE FOLLOWING INFORMATION ON A DAILY BASIS  TO  THE
 DEPARTMENT  AND  THE  LOCAL HEALTH DEPARTMENT IN THE COUNTY IN WHICH THE
 FACILITY IS BASED: THE NUMBER OF RESIDENTS OR STAFF  WITH  SUSPECTED  OR
 CONFIRMED  INFECTION OF THE DISEASE; THE NUMBER OF RESIDENTS WITH SEVERE
 INFECTION RESULTING IN HOSPITALIZATION  OR  DEATH;  AND  THE  NUMBER  OF
 FATALITIES   FOLLOWING   HOSPITALIZATION  RESULTING  FROM  SUSPECTED  OR
 CONFIRMED INFECTION OF THE DISEASE. THE DEPARTMENT SHALL  AGGREGATE  AND
 PUBLISH  DE-IDENTIFIED DATA, SUBMITTED BY RESIDENTIAL HEALTHCARE FACILI-
 TIES UNDER THIS SECTION ON A WEEKLY BASIS, IN A MANNER THAT IS  CONSIST-
 ENT  WITH  THE  FEDERAL  HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
 ACT, AS AMENDED, AND ANY REGULATIONS PROMULGATED THEREUNDER.
   2. FOR ANY RESIDENTIAL HEALTHCARE FACILITY THAT EXPERIENCES A FATALITY
 RATE OF AT LEAST FIVE PERCENT OF THE RESIDENT CENSUS AS A  RESULT  OF  A
 STATE  DISASTER  EMERGENCY  OR  DISEASE OUTBREAK AS WELL AS STRONG INDI-
 CATIONS THAT THE INFECTION RATE WITHIN THE FACILITY IS INCREASING  EXPO-
 NENTIALLY, OR OTHERWISE ATTRIBUTABLE TO A NOVEL PATHOGEN OR KNOWN PATHO-
 GEN  WITH  A HIGH LETHALITY RATE, THE COMMISSIONER SHALL ESTABLISH DAILY
 COMMUNICATIONS WITH SUCH FACILITY  TO  DETERMINE  AND  PROVIDE,  TO  THE
 EXTENT  PRACTICABLE,  ALL  NECESSARY  SUPPLIES, EQUIPMENT, PERSONNEL AND
 PERSONNEL TRAINING TO ENSURE THE  FACILITY  IS  ADEQUATELY  PREPARED  TO
 ENSURE  THE  HEALTH  AND SAFETY OF THE RESIDENTS.  IF, IN THE EVENT THAT
 THE FATALITY AND INFECTION RATE REMAINS THE SAME  OR  INCREASES  OVER  A
 FIFTEEN  DAY  PERIOD  FROM  THE  COMMISSIONER'S  INITIAL CONTACT, DUE TO
 NEGLIGENT AND WILLFUL ACTIONS OF THE  ESTABLISHED  OPERATOR,  WHICH  MAY
 INCLUDE,  BUT NOT BE LIMITED TO, A WILLFUL FAILURE TO COMPLY WITH PROCE-
 DURES OR UTILIZATION OF SUPPLIES AND EQUIPMENT PROVIDED, THE COMMISSION-
 ER SHALL APPOINT A TEMPORARY OPERATOR,  SUBJECT  TO  THE  PROVISIONS  OF
 SECTION  TWENTY-EIGHT  HUNDRED  SIX-A  OF  THIS  ARTICLE  TO ASSUME SOLE
 CONTROL AND SOLE RESPONSIBILITY FOR THE OPERATIONS OF THE FACILITY UNTIL
 THE RESIDENTS OF THE FACILITY (A) MAY BE SAFELY TRANSFERRED  TO  ANOTHER
 RESIDENTIAL  HEALTHCARE FACILITY OR (B) TRANSFERRED TO A COMMUNITY-BASED
 SETTING WHERE HOME CARE SERVICES ARE DELIVERED UNDER ARTICLE  THIRTY-SIX
 OF  THIS  CHAPTER,  PROVIDED THAT, SUCH RESIDENTS QUALIFYING FOR MEDICAL
 ASSISTANCE SHALL BE DEEMED ELIGIBLE FOR IMMEDIATE NEED UNDER SUBDIVISION
 TWELVE OF SECTION THREE HUNDRED SIXTY-SIX-A OF THE SOCIAL SERVICES  LAW.
 IF  THE  COMMISSIONER  HAS  A  REASONABLE BELIEF OF IMMINENT HARM TO THE
 PUBLIC, THE COMMISSIONER MAY INITIATE RECEIVERSHIP  SUBJECT  TO  SECTION
 TWENTY-EIGHT HUNDRED TEN OF THIS ARTICLE.
   § 3. This act shall take effect immediately.