S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10394--A
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by M. of A. LENTOL, JACOBSON, EICHENSTEIN, ORTIZ, O'DONNELL,
   D'URSO, BUCHWALD, GLICK, GOTTFRIED, GRIFFIN, MOSLEY, SEAWRIGHT, SIMON,
   THIELE, GALEF, COLTON -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT --
   read once and  referred  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the public health law, in relation to requiring residen-
   tial  health  care  facilities to prepare an annual pandemic emergency
   plan
 
   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
 a new subdivision 12 to read as follows:
   12. (A) EACH RESIDENTIAL HEALTH CARE FACILITY  SHALL,  NO  LATER  THAN
 NINETY  DAYS  AFTER  THE EFFECTIVE DATE OF THIS SUBDIVISION AND ANNUALLY
 THEREAFTER, OR MORE FREQUENTLY AS MAY BE DIRECTED BY  THE  COMMISSIONER,
 PREPARE  AND MAKE AVAILABLE TO THE PUBLIC ON THE FACILITY'S WEBSITE, AND
 IMMEDIATELY UPON REQUEST, IN A FORM ACCEPTABLE TO  THE  COMMISSIONER,  A
 PANDEMIC EMERGENCY PLAN WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) A COMMUNICATION PLAN:
   (A)  TO  UPDATE  AUTHORIZED  FAMILY  MEMBERS AND GUARDIANS OF INFECTED
 RESIDENTS AT LEAST ONCE PER DAY AND UPON A CHANGE IN A RESIDENT'S CONDI-
 TION AND AT LEAST ONCE A WEEK TO UPDATE  ALL  RESIDENTS  AND  AUTHORIZED
 FAMILIES  AND  GUARDIANS  ON  THE NUMBER OF INFECTIONS AND DEATHS AT THE
 FACILITY, BY ELECTRONIC OR SUCH OTHER MEANS AS MAY BE SELECTED  BY  EACH
 AUTHORIZED FAMILY MEMBER OR GUARDIAN; AND
   (B) THAT INCLUDES A METHOD TO PROVIDE ALL RESIDENTS WITH DAILY ACCESS,
 AT  NO COST, TO REMOTE VIDEOCONFERENCE OR EQUIVALENT COMMUNICATION METH-
 ODS WITH FAMILY MEMBERS AND GUARDIANS; AND
   (II) PROTECTION PLANS AGAINST INFECTION FOR STAFF, RESIDENTS AND FAMI-
 LIES, INCLUDING:
   (A) A PLAN FOR HOSPITALIZED RESIDENTS TO BE READMITTED TO  SUCH  RESI-
 DENTIAL  HEALTH  CARE  FACILITY  AFTER TREATMENT, IN ACCORDANCE WITH ALL
 APPLICABLE LAWS AND REGULATIONS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16260-09-0

 A. 10394--A                         2
 
   (B) A PLAN FOR SUCH RESIDENTIAL HEALTH CARE FACILITY  TO  MAINTAIN  OR
 CONTRACT  TO  HAVE  AT  LEAST  A TWO-MONTH SUPPLY OF PERSONAL PROTECTIVE
 EQUIPMENT; AND
   (III) A PLAN FOR PRESERVING A RESIDENT'S PLACE IN A RESIDENTIAL HEALTH
 CARE  FACILITY  IF SUCH RESIDENT IS HOSPITALIZED, IN ACCORDANCE WITH ALL
 APPLICABLE LAWS AND REGULATIONS.
   (B) THE RESIDENTIAL HEALTH CARE FACILITY SHALL PREPARE AND COMPLY WITH
 THE PANDEMIC EMERGENCY PLAN. FAILURE TO DO SO SHALL BE  A  VIOLATION  OF
 THIS  SUBDIVISION  AND  MAY  BE  SUBJECT  TO CIVIL PENALTIES PURSUANT TO
 SECTION TWELVE AND TWELVE-B OF  THIS  CHAPTER.  THE  COMMISSIONER  SHALL
 REVIEW  EACH  RESIDENTIAL  HEALTH  CARE FACILITY FOR COMPLIANCE WITH ITS
 PLAN AND THE APPLICABLE REGULATIONS IN ACCORDANCE  WITH  PARAGRAPHS  (A)
 AND (B) OF SUBDIVISION ONE OF THIS SECTION.
   (C)  WITHIN  THIRTY  DAYS AFTER THE RESIDENTIAL HEALTH CARE FACILITY'S
 RECEIPT OF WRITTEN NOTICE OF NONCOMPLIANCE SUCH RESIDENTIAL HEALTH  CARE
 FACILITY  SHALL  SUBMIT  A PLAN OF CORRECTION IN SUCH FORM AND MANNER AS
 SPECIFIED BY THE COMMISSIONER FOR ACHIEVING COMPLIANCE WITH ITS PLAN AND
 WITH THE APPLICABLE REGULATIONS. THE COMMISSIONER SHALL ENSURE EACH SUCH
 RESIDENTIAL HEALTH CARE FACILITY COMPLIES WITH ITS  PLAN  OF  CORRECTION
 AND THE APPLICABLE REGULATIONS.
   (D) THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.