BILL NUMBER: S8848

SPONSOR: SERINO
 
TITLE OF BILL:

An act enacting the "Protecting Our Nursing Homes Act of 2020" to estab-
lish a program to provide funding for nursing homes to purchase personal
protective equipment, provide for the cost of COVID-19 testing, and to
increase staffing; and providing for the repeal of such provisions upon
expiration thereof

 
PURPOSE:

To ensure nursing homes, assisted living facilities and adult care
facilities have the resources they need to effectively care for their
residents, who are at high risk for complications due to COVID-19.

 
SUMMARY OF PROVISIONS:

Section 1: Provides that this act shall be known as the "Protecting Our
Nursing Homes Act of 2020".
              

Section 2: Defines "coverage period" to mean April 1, 2020 through July
31, 2020 and "nursing home" as a nursing home pursuant to section 2801
of the public health law, or an adult care facility subject to the
provisions of the social services law. Also defines "personal protective
clothing and equipment".

Authorizes and directs the Commissioner of Health to provide nursing
homes with funds to purchase personal protective equipment, provide for
the cost of COVID-19 testing for residents and employees, hire and train
additional staff in response to the COVID-19 pandemic, or to make any
purchase directly related to improving pandemic response within these
facilities.

Provides that the prop-am shall be provided no less than $100,000,000 of
monies allocation to New York State through the Coronavirus Aid, Relief,
and Economic Security (CARES) Act of 2020. Further provides that any
unit of local government that received funding from the CARES Act of
2020 shall create a program to provide nursing home with funds for the
same purposes as above, with a funding level proportional to the size of
the state program and the funding they received from the CARES Act.

Section 3: Provides the effective date.

 
JUSTIFICATION:

Since the onset of the COVID-19 pandemic, it was clear that this deadly
virus targeted our most vulnerable populations-especially older adults.
This knowledge made it abundantly clear that we would need to take extra
precautions to ensure the safety of our loved ones in nursing homes and
assisted living and adult care facilities.  However, guidance from the
New York State Department of Health required facilities to accept
patients from hospitals who had tested positive for COVID-19, all while
the State did not provide these facilities with the resources they need-
ed to effectively care for their residents and prevent the spread of the
virus within their facilities.


As a result, over 6,000 nursing home residents-approximately 6% of the
total nursing home population in New York-have tragically passed away as
a result of COVID-19. Since that time, that previous guidance by the
Department of Health has been reversed, and strict testing requirements
have been placed on employees at these facilities; however, although the
New York State Legislature reconvened at the end of May to address
urgent issues related to the pandemic, no action was taken to address
issues such a staffing levels and access to medical supplies in nursing
homes and assisted living and adult care facilities, whose residents
have been hit the hardest by the outbreak.

This legislation would utilize no less than $100 million from the Coro-
navirus Aid, Relief, and Economic Security (CARES) Act of 2020 to help
these facilities effectively care for the residents in their charge.
Funding would be used to help facilities purchase personal protective
equipment, provide for the cost of COVID-19 testing for residents and
employees, hire and train additional staff in response to the COVID-19
pandemic, or to make any purchase directly related to improving pandemic
response within these facilities.

Although the State is currently in the process of reopening as the
COVID-19 cases continue to drop, our seniors remain vulnerable to this
deadly virus, and our nursing homes are still in desperate need of
assistance from the State to ensure the safety of these individuals who
have tragically been overlooked for far too long during this outbreak.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Within funds allocated within the federal CARES Act of 2020.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed July 31, 2021.