S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3839
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of A. BYRNE, ASHBY, DiPIETRO, J. M. GIGLIO, GOODELL,
   HAWLEY, M. MILLER, NORRIS, PALMESANO, SALKA, WALSH --  read  once  and
   referred to the Committee on Health
 
 AN  ACT  to amend the public health law, in relation to the emergency or
   disaster treatment preparedness act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new article
 30-E to read as follows:
                               ARTICLE 30-E
             EMERGENCY OR DISASTER TREATMENT PREPAREDNESS ACT
 SECTION 3090. DECLARATION OF PURPOSE.
         3091. DEFINITIONS.
         3092. REGIONAL STEP-DOWN FACILITY PLAN.
   § 3090. DECLARATION OF PURPOSE. GIVEN THE  DEVASTATING  TOLL  COVID-19
 HAS  TAKEN  ON  NEW  YORK  STATE,  ESPECIALLY IN NURSING HOMES, ASSISTED
 LIVING FACILITIES, AND ADULT  CARE  FACILITIES,  AND  CONCERNS  ABOUT  A
 SECOND  WAVE  OF THE VIRUS, OR OF FUTURE PANDEMICS, IT IS ESSENTIAL THAT
 THE STATE IS BETTER PREPARED TO  HANDLE  A  FUTURE  CRISIS.  IT  IS  THE
 PURPOSE  OF  THIS ARTICLE TO ENSURE PRECAUTIONS ARE TAKEN TO PREVENT THE
 REPEATED MISTAKE OF RETURNING  COVID-19  POSITIVE  PATIENTS  TO  NURSING
 HOMES,  ASSISTED  LIVING  FACILITIES AND ADULT CARE FACILITIES WHERE THE
 POPULATION IS COMPRISED OF HIGH-RISK INDIVIDUALS.
   § 3091. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. THE TERM "HOSPITAL" SHALL HAVE THE SAME MEANING  AS  SUCH  TERM  IS
 DEFINED  IN  SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
 CHAPTER AND SHALL INCLUDE ANY TEMPORARY HEALTH CARE FACILITY ESTABLISHED
 BY THE STATE OR FEDERAL GOVERNMENT IN RESPONSE TO THE COVID-19  PANDEMIC
 OR ANY OTHER PANDEMIC RELATED RESPONSE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06317-01-1

              

 A. 3839                             2
 
   2. THE TERM "NURSING HOME" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
 DEFINED  IN  SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
 CHAPTER.
   3.  THE TERM "ADULT CARE FACILITY" SHALL HAVE THE SAME MEANING AS SUCH
 TERM IS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF  THE  SOCIAL
 SERVICES LAW.
   4. THE TERM "ASSISTED LIVING RESIDENCE" SHALL HAVE THE SAME MEANING AS
 SUCH  TERM  IS  DEFINED  IN SUBDIVISION ONE OF SECTION FORTY-SIX HUNDRED
 FIFTY-ONE OF ARTICLE FORTY-SIX-B OF THIS CHAPTER.
   5. THE TERM "STEP-DOWN FACILITY" SHALL MEAN  A  FACILITY  SPECIFICALLY
 ESTABLISHED TO TEMPORARILY CARE FOR INDIVIDUALS WHO HAVE BEEN DISCHARGED
 FROM  A  HOSPITAL  AFTER  RECEIVING TREATMENT FOR COVID-19, OR ANY OTHER
 SICKNESS RELATED TO A PANDEMIC, TO A NURSING HOME, ADULT  CARE  FACILITY
 OR  ASSISTED  LIVING RESIDENCE WHERE SUCH INDIVIDUAL RESIDES UNTIL IT IS
 SAFE FOR THEM TO RETURN, FOR THE PURPOSE OF  PREVENTING  THE  SPREAD  OF
 COVID-19 OR ANY OTHER SICKNESS RELATED TO A PANDEMIC.  STEP-DOWN FACILI-
 TIES MAY ALSO ADMIT INDIVIDUALS FROM A NURSING HOME, ADULT CARE FACILITY
 OR  ASSISTED  LIVING RESIDENCE WHO HAVE TESTED POSITIVE FOR COVID-19, OR
 ANY OTHER SICKNESS RELATED TO A PANDEMIC, OR ARE SUSPECTED TO  BE  POSI-
 TIVE  FOR  SUCH, WHO DID NOT RECEIVE TREATMENT OR WHO WERE OTHERWISE NOT
 ADMITTED AND SUBSEQUENTLY DISCHARGED FROM A HOSPITAL.
   § 3092. REGIONAL  STEP-DOWN  FACILITY  PLAN.  1.  THE  DEPARTMENT,  IN
 CONSULTATION  WITH ORGANIZATIONS REPRESENTING  HOSPITALS, NURSING HOMES,
 ADULT CARE FACILITIES AND ASSISTED LIVING RESIDENCES,  SHALL  DEVELOP  A
 PLAN  TO  ESTABLISH  REGIONAL STEP-DOWN FACILITIES TO REDUCE THE RISK OF
 TRANSMISSION OF COVID-19 OR ANY OTHER SICKNESS  RELATED  TO  A  PANDEMIC
 WITHIN  NURSING  HOMES,  ADULT  CARE FACILITIES OR ASSISTED LIVING RESI-
 DENCES, PARTICULARLY AFTER AN INDIVIDUAL WHO HAS RECEIVED TREATMENT  FOR
 COVID-19 OR ANY OTHER SICKNESS RELATED TO A PANDEMIC HAS BEEN DISCHARGED
 FROM A HOSPITAL AND WOULD OTHERWISE RETURN TO A NURSING HOME, ADULT CARE
 FACILITY  OR ASSISTED LIVING RESIDENCE WHILE STILL CONTAGIOUS. SUCH PLAN
 WILL ACCOUNT FOR A POSSIBLE RESURGENCE OF THE COVID-19  INFECTION  RATE,
 OR THE EMERGENCE OF ANY OTHER SICKNESS RELATED TO A PANDEMIC.
   2. THE COMMISSIONER SHALL SUBMIT SUCH PLAN TO THE GOVERNOR, THE TEMPO-
 RARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
 LEADER OF THE SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY, AND SHALL
 POST SUCH PLAN PUBLICLY ON THE DEPARTMENT'S WEBSITE NO LATER THAN  OCTO-
 BER FIFTEENTH, TWO THOUSAND TWENTY-ONE.
   3.  THE  COMMISSIONER  SHALL  REVIEW AND UPDATE THE REGIONAL STEP-DOWN
 FACILITY PLAN BIENNIALLY, OR MORE FREQUENTLY IF THE COMMISSIONER  DETER-
 MINES  IT  NECESSARY,  AND  SHALL POST SUCH UPDATED PLAN PUBLICLY ON THE
 DEPARTMENT'S WEBSITE NO LATER THAN OCTOBER FIFTEENTH OF SUCH YEAR.
   §  2. This act shall take effect immediately.