BILL NUMBER: S9027

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public health law, in relation to infection control
planning in residential health care facilities

 
PURPOSE:

To require residential health care facilities, as part of their pandemic
emergency plan, to establish and implement a plan or procedure designat-
ing a separate cohort area during an infectious disease outbreak in the
residential health care facility.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 2803 of the public health law to add a new
subdivision 13, directing the commissioner to require residential health
care facilities, as part of their pandemic emergency plan, to establish
and implement a plan or procedure designating a separate cohort area
              

during an infection disease outbreak in the residential health care
facility. The plan or procedure must include minimum standards for resi-
dential health care facilities infection control cohorting policies
and/or procedures. Directs the commissioner to inspect and evaluate all
residential health care facilities cohort area policies or procedures.
Permits a residential health care facility to apply for a waiver if such
facility is unable to meet the minimum standards established by the
commissioner. If a facility's cohorting policy or procedure is not
approved and the commissioner does not approve a waiver, the facility
shall be subject to penalties determined by the commissioner. Directs
the commissioner to establish penalties for facilities that violate the
requirements of this section. Penalties shall include, but are not
limited to, license and/or state reimbursements contingent on a submit-
ted and approved plan or an approved waiver.

Section 2: Effective date

 
JUSTIFICATION:

Given the congregate nature and traditional population residing in resi-
dential health care facilities, it is imperative that such facilities
have a comprehensive plan or procedure in place in advance of public
health emergencies, such as the novel coronavirus COVID-l9 pandemic, in
order to prevent the spread of infectious diseases and protect the
health and wellbeing of facility residents, personnel and visitors.

This legislation directs the Commissioner of Health to establish minimum
standards residential health care facilities must meet in establishing a
plan or procedure to designate a separate cohort area during an infec-
tious disease outbreak in the facility. The Commissioner is responsible
for evaluating and approving each facility's infection control cohorting
policy or procedure. The Commissioner may approve a waiver if a facility
is unable to meet the minimum standards. Those facilities which cohort-
ing policy or procedure are not approved and the commissioner does not
approve a waiver, shall be subject to penalties determined by the
commissioner.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.