assembly Bill A10394A

Signed By Governor
2019-2020 Legislative Session

Relates to requiring residential health care facilities to prepare an annual pandemic emergency plan to the commissioner of health

download bill text pdf

Sponsored By

Current Bill Status Via S8289 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2020 signed chap.114
Jun 05, 2020 delivered to governor
May 27, 2020 returned to senate
passed assembly
ordered to third reading rules cal.37
substituted for a10394a
May 27, 2020 substituted by s8289b
rules report cal.37
reported
May 26, 2020 reported referred to rules
reported referred to codes
May 24, 2020 print number 10394a
May 24, 2020 amend (t) and recommit to health
May 04, 2020 referred to health

Votes

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May 26, 2020 - Health committee Vote

S8289B
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 24, 2020 - Rules committee Vote

S8289B
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

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Multi-Sponsors

A10394 - Details

See Senate Version of this Bill:
S8289
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L

A10394 - Summary

Relates to requiring residential health care facilities to submit an annual pandemic emergency plan to the commissioner of health; requires such plan to include a communication plan with families, plans to protect staff, residents and families against infection, and plans to preserve a resident's place at the facility if he or she is hospitalized.

A10394 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10394

                          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 -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to requiring residen-
  tial health care facilities to submit  an  annual  pandemic  emergency
  plan to the commissioner of health

  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
JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND ANNUALLY  THEREAFTER,  SUBMIT
TO  THE  COMMISSIONER FOR APPROVAL A PANDEMIC EMERGENCY PLAN WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO:
  (I) A COMMUNICATION PLAN TO UPDATE FAMILIES AND  GUARDIANS  TWICE  PER
DAY ON A PATIENT'S CONDITION;
  (II)  PROTECTION PLANS AGAINST INFECTION FOR STAFF, PATIENTS AND FAMI-
LIES, INCLUDING:
  (A) A PLAN FOR HOSPITALIZED PATIENTS TO BE CLEARED OF INFECTION  PRIOR
TO READMISSION TO SUCH RESIDENTIAL HEALTH CARE FACILITY; AND
  (B)  A  PLAN  FOR SUCH RESIDENTIAL HEALTH CARE FACILITY TO MAINTAIN AT
LEAST A TWO-MONTH SUPPLY OF PERSONAL PROTECTIVE EQUIPMENT; AND
  (III) A PLAN FOR PRESERVING A PATIENT'S PLACE IN A RESIDENTIAL  HEALTH
CARE FACILITY IF SUCH PATIENT IS HOSPITALIZED.
  (B) THE COMMISSIONER SHALL AUDIT EACH RESIDENTIAL HEALTH CARE FACILITY
FOR COMPLIANCE WITH ITS PLAN AND THE APPLICABLE REGULATIONS ON AN ANNUAL
BASIS.
  (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 AUDIT EACH  SUCH
RESIDENTIAL  HEALTH  CARE  FACILITY FOR COMPLIANCE WITH ITS PLAN AND THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

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Multi-Sponsors

A10394A (ACTIVE) - Details

See Senate Version of this Bill:
S8289
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L

A10394A (ACTIVE) - Summary

Relates to requiring residential health care facilities to submit an annual pandemic emergency plan to the commissioner of health; requires such plan to include a communication plan with families, plans to protect staff, residents and families against infection, and plans to preserve a resident's place at the facility if he or she is hospitalized.

A10394A (ACTIVE) - Bill Text download pdf


                    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