S T A T E O F N E W Y O R K
________________________________________________________________________
7116
2021-2022 Regular Sessions
I N A S S E M B L Y
April 22, 2021
___________
Introduced by M. of A. BYRNE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to enacting the act to
reveal the truth about COVID-19 in nursing homes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "act to reveal the truth about COVID-19 in nursing homes".
§ 2. The executive law is amended by adding a new section 55-a to read
as follows:
§ 55-A. 1. THE STATE INSPECTOR GENERAL IS AUTHORIZED AND DIRECTED TO
CONTRACT WITH A FIRM OR ACADEMIC ENTITY TO CONDUCT A STATISTICAL ANALY-
SIS ON THE SPREAD OF COVID-19 IN NURSING HOMES. SUCH FIRM OR ACADEMIC
ENTITY SHALL BE INDEPENDENT FROM THE STATE GOVERNMENT OR ANY AGENCY
THEREOF.
2. SUCH STATISTICAL ANALYSIS SHALL INCLUDE THE FOLLOWING INFORMATION:
(A) THE NUMBERS AND RATES OF MORTALITY FOR ALL NURSING HOME RESIDENTS;
(B) THE EFFECT THAT STATE POLICIES, INCLUDING BUT NOT LIMITED TO THE
DEPARTMENT OF HEALTH'S POLICY TO DENY READMISSION OR ADMISSION TO A
NURSING HOME SOLELY BASED ON A CONFIRMED OR SUSPECTED DIAGNOSIS OF
COVID-19; AND
(C) ANY CONCLUSIONS OR RECOMMENDATIONS ON WHETHER STATE AND/OR FEDERAL
POLICIES WERE HELPFUL OR HARMFUL IN PROTECTING ELDERLY RESIDENTS OF THE
STATE FROM COVID-19.
3. THE ANALYSIS SHALL BREAK DOWN ITS FINDINGS BY COUNTY, AND, WHERE
LARGE NUMBERS OF CASES HAVE ARISEN, BY FACILITY. PRIOR TO BEING
PUBLISHED, SUCH ANALYSIS SHALL BE PEER-REVIEWED BY AT LEAST THREE SEPA-
RATE INDEPENDENT FIRMS OR ACADEMIC ENTITIES. SUCH SEPARATE INDEPENDENT
FIRMS OR ACADEMIC ENTITIES SHALL BE INDEPENDENT FROM THE STATE GOVERN-
MENT OR ANY AGENCY THEREOF.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10388-01-1
A. 7116 2
4. THE DEPARTMENT OF HEALTH SHALL PROVIDE TO THE FIRM OR ACADEMIC
ENTITY CONDUCTING THE STATISTICAL ANALYSIS ALL INFORMATION REQUESTED BY
SUCH FIRM OR ACADEMIC ENTITY TO CONDUCT THE ABOVE ANALYSIS.
5. THE ANALYSIS SHALL BE PROVIDED IN WRITING TO THE STATE INSPECTOR
GENERAL, THE GOVERNOR, THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, THE
ATTORNEY GENERAL, THE SPEAKER OF THE ASSEMBLY, THE SENATE MAJORITY LEAD-
ER, THE ASSEMBLY MINORITY LEADER, AND THE SENATE MINORITY LEADER. THE
STATE INSPECTOR GENERAL AND THE COMMISSIONER OF THE DEPARTMENT OF HEALTH
SHALL PUBLISH SUCH ANALYSIS ON THEIR RESPECTIVE STATE AGENCY WEBSITES
FOR THE PUBLIC TO ACCESS AND REVIEW.
6. THE STATE INSPECTOR GENERAL SHALL CONTRACT, COMPLETE, AND PUBLISH
THIS ANALYSIS NO LATER THAN THREE HUNDRED SIXTY DAYS FROM THE DATE THIS
SECTION TAKES EFFECT.
§ 3. This act shall take effect immediately.