Assembly Bill A4980

2021-2022 Legislative Session

Relates to infection control planning in residential health care facilities

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

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

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2021-A4980 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A11105

2021-A4980 (ACTIVE) - Summary

Requires residential health care facilities have in their pandemic emergency plan a plan or procedure for designating a separate cohort area.

2021-A4980 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4980
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to infection  control
   planning in residential health care facilities
 
   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 13 to read as follows:
   13. (A) THE COMMISSIONER SHALL REQUIRE RESIDENTIAL HEALTH CARE FACILI-
 TIES,  AS PART OF THEIR PANDEMIC EMERGENCY PLAN, ESTABLISH AND IMPLEMENT
 A PLAN OR PROCEDURE DESIGNATING A SEPARATE COHORT AREA DURING AN  INFEC-
 TIOUS DISEASE OUTBREAK IN THE RESIDENTIAL HEALTH CARE FACILITY INCLUDING
 MINIMUM  STANDARDS  FOR  RESIDENTIAL  HEALTH  CARE  FACILITIES INFECTION
 CONTROL COHORTING POLICIES AND/OR PROCEDURES AND SHALL INSPECT AND EVAL-
 UATE ALL RESIDENTIAL HEALTH CARE  FACILITIES  COHORT  AREA  POLICIES  OR
 PROCEDURES.
   (B)  IF A RESIDENTIAL HEALTH CARE FACILITY IS UNABLE TO MEET THE MINI-
 MUM STANDARDS ESTABLISHED BY THE COMMISSIONER  UNDER  THIS  SUBDIVISION,
 THE FACILITY MAY REQUEST APPROVAL FOR THE WAIVER OF THIS REQUIREMENT. IF
 A  FACILITY  IS INCAPABLE OF ESTABLISHING SUCH COHORTING POLICIES AND/OR
 PROCEDURES, THE COMMISSIONER  MAY  APPROVE  A  WAIVER  OF  A  DESIGNATED
 COHORTING AREA AT A FACILITY.
   (C) IF A RESIDENTIAL HEALTH CARE FACILITY'S COHORTING POLICY OR PROCE-
 DURE  IS NOT APPROVED BY THE COMMISSIONER, AND THE COMMISSIONER DOES NOT
 APPROVE A WAIVER, THE RESIDENTIAL HEALTH CARE FACILITY SHALL BE  SUBJECT
 TO  PENALTIES  DETERMINED  BY  THE  COMMISSIONER. THE COMMISSIONER SHALL
 ESTABLISH PENALTIES FOR FACILITIES THAT VIOLATE THE REQUIREMENTS OF THIS
 SUBDIVISION WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, LICENSE  AND/OR
 STATE  REIMBURSEMENTS  CONTINGENT ON A SUBMITTED AND APPROVED PLAN OR AN
 APPROVED WAIVER.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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