S T A T E O F N E W Y O R K
________________________________________________________________________
7401--A
2021-2022 Regular Sessions
I N A S S E M B L Y
May 7, 2021
___________
Introduced by M. of A. M. MILLER -- read once and referred to the
Committee on People with Disabilities -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the mental hygiene law, in relation to prohibiting the
admission of COVID-19 positive residents to residential facilities for
persons with developmental disabilities; and to amend the public
health law, in relation to requiring an emergency treatment plan for
COVID-19 positive residents of such facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
13.44 to read as follows:
§ 13.44 ADMISSION OF COVID-19 POSITIVE RESIDENTS.
NOTWITHSTANDING ANY LAW, RULE, REGULATION OR GUIDANCE TO THE CONTRARY,
NO RESIDENTIAL FACILITY FOR THE CARE AND TREATMENT OF PERSONS WITH
DEVELOPMENTAL DISABILITIES INCLUDING A FAMILY CARE HOME SHALL KNOWINGLY
ALLOW A RESIDENT WHO HAS TESTED POSITIVE FOR COVID-19 TO ENTER OR REEN-
TER THAT FACILITY AS A TEMPORARY OR PERMANENT RESIDENT UNLESS SUCH
PERSON PROVIDES PROOF OF A NEGATIVE TEST FOR COVID-19.
§ 2. The public health law is amended by adding a new article 30-D to
read as follows:
ARTICLE 30-D
EMERGENCY OR DISASTER TREATMENT PREPAREDNESS ACT
SECTION 3090. DEFINITIONS.
3091. REGIONAL STEP-DOWN FACILITY PLAN.
§ 3090. DEFINITIONS. AS USED IN THIS ARTICLE:
1. THE TERM "RESIDENTIAL FACILITY" MEANS ANY RESIDENTIAL FACILITY FOR
THE CARE AND TREATMENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES UNDER
ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW, INCLUDING A FAMILY CARE HOME.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10531-04-1
A. 7401--A 2
2. 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 RESIDENTIAL FACILITY FOR PERSONS
WITH DEVELOPMENTAL DISABILITIES WHERE AN INDIVIDUAL RESIDES UNTIL IT IS
SAFE TO RETURN, FOR THE PURPOSE OF PREVENTING THE SPREAD OF COVID-19 OR
ANY OTHER SICKNESS RELATED TO A PANDEMIC. STEP-DOWN FACILITIES MAY ALSO
ADMIT INDIVIDUALS FROM A RESIDENTIAL FACILITY WHO HAVE TESTED POSITIVE
FOR COVID-19, OR ANY OTHER SICKNESS RELATED TO A PANDEMIC, OR ARE
SUSPECTED TO BE POSITIVE FOR SUCH, WHO DID NOT RECEIVE TREATMENT OR WHO
WERE OTHERWISE NOT ADMITTED AND SUBSEQUENTLY DISCHARGED FROM A HOSPITAL.
§ 3091. REGIONAL STEP-DOWN FACILITY PLAN. 1. THE DEPARTMENT, IN
CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
AND ORGANIZATIONS REPRESENTING RESIDENTIAL FACILITIES FOR PERSONS WITH
DISABILITIES, 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 SUCH FACILITIES, 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 RESIDENTIAL FACILITY 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 NO LATER
THAN JULY FIRST, 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 AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES' WEBSITE AS EXPEDITIOUSLY AS POSSIBLE.
§ 3. This act shall take effect immediately.