Senate Bill S1080

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1080--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  GOUNARDES, MAY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend  the  public  health law, in relation to establishing
   requirements for residential health care  facilities  during  a  state
   disaster emergency involving a disease outbreak
 
   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
 two new subdivisions 13 and 14 to read as follows:
   13.  IN  THE  EVENT  OF  A  STATE  DISASTER EMERGENCY AS DEFINED UNDER
 SECTION TWENTY OF THE EXECUTIVE LAW THAT INVOLVES  A  DISEASE  OUTBREAK,
 THE  DEPARTMENT  SHALL ISSUE GUIDANCE TO RESIDENTIAL HEALTH CARE FACILI-
 TIES REGARDING PRECAUTIONS AND PROCEDURES TO TAKE TO PROTECT  AND  MAIN-
 TAIN  THE  HEALTH AND SAFETY OF RESIDENTS AND STAFF DURING THE COURSE OF
 AN OUTBREAK, AND TO PREVENT WIDESPREAD TRANSMISSION  OF  A  COMMUNICABLE
 DISEASE.   SUCH   GUIDANCE   SHALL   INCLUDE  BUT  NOT  BE  LIMITED  TO:
 RESTRICTIONS ON VISITATION AND ENTRY INTO THE FACILITY BY  NON-ESSENTIAL
 PERSONNEL,  STAFF  EDUCATION  AND TRAINING ON SYMPTOMS AND TRANSMISSION,
 SCREENING OF ALL STAFF PRIOR TO THE COMMENCEMENT OF A WORK SHIFT,  DAILY
 INVENTORY  AND REPORTING TO THE DEPARTMENT OF PERSONAL PROTECTIVE EQUIP-
 MENT AND OTHER SUPPLIES, HAND HYGIENE  AND  ENVIRONMENTAL  DISINFECTION,
 MASK  USE  AND SOURCE CONTROL, RESIDENT EDUCATION AND MONITORING, PLACE-
 MENT OF RESIDENTS WITH CONFIRMED OR SUSPECTED  INFECTIONS,  NOTIFICATION
 TO  THE  LAWFUL  REPRESENTATIVES OF AFFECTED RESIDENTS OF A CONFIRMED OR
 SUSPECTED INFECTION, INFORMING AND EDUCATING THE  LAWFUL  REPRESENTATIVE
 OF  THE AVAILABILITY OF ALTERNATIVE PLACEMENT OPTIONS, INCLUDING BUT NOT
 LIMITED TO HOME CARE SERVICES AUTHORIZED  UNDER  ARTICLE  THIRTY-SIX  OF
 THIS  CHAPTER, AND MAKING AVAILABLE MEANS OF COMMUNICATION FOR RESIDENTS
 TO COMMUNICATE WITH THE LAWFUL REPRESENTATIVE AT LEAST ONCE  A  DAY,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03449-05-1

 S. 1080--A                          2
 
 OTHERWISE AS IS PRACTICABLE. UPON ISSUANCE OF SUCH GUIDANCE, THE DEPART-
 MENT  SHALL  DISSEMINATE   IT   TO   ALL   ADMINISTRATORS OF RESIDENTIAL
 HEALTHCARE FACILITIES AND PUBLISH IT ON THE DEPARTMENT'S WEBSITE NO LESS
 THAN  FORTY-EIGHT  HOURS  AFTER  A  STATE  DISASTER  EMERGENCY  HAS BEEN
 DECLARED.
   14. IN THE EVENT OF  A  STATE  DISASTER  EMERGENCY  AS  DEFINED  UNDER
 SECTION  TWENTY  OF  THE EXECUTIVE LAW THAT INVOLVES A DISEASE OUTBREAK,
 THE DEPARTMENT MAY UTILIZE PUBLIC HEALTH  EMERGENCY  APPROPRIATIONS  FOR
 THE PURPOSE OF SECURING ALTERNATIVE PLACEMENT OPTIONS, INCLUDING BUT NOT
 LIMITED  TO HOME CARE SERVICES UNDER ARTICLE THIRTY-SIX OF THIS CHAPTER,
 FOR RESIDENTS OF RESIDENTIAL HEALTH CARE FACILITIES FOR THE DURATION  OF
 THE STATE DISASTER EMERGENCY.
   §  2.  The public health law is amended by adding a new section 2808-e
 to read as follows:
   § 2808-E. RESIDENTIAL HEALTH CARE FACILITY REPORTING REQUIREMENTS.  1.
 THE  COMMISSIONER  OF  HEALTH  SHALL,  IN  THE EVENT OF AN OUTBREAK OF A
 COMMUNICABLE DISEASE OR INFECTION, ORDER  ALL  RESIDENTIAL  HEALTH  CARE
 FACILITIES  TO  REPORT THE FOLLOWING INFORMATION ON A DAILY BASIS TO THE
 DEPARTMENT AND THE LOCAL HEALTH DEPARTMENT IN THE COUNTY  IN  WHICH  THE
 FACILITY  IS  BASED:  THE NUMBER OF RESIDENTS OR STAFF WITH SUSPECTED OR
 CONFIRMED INFECTION  OF  THE  DISEASE;  THE  NUMBER  OF  RESIDENTS  WITH
 SUSPECTED  OR CONFIRMED INFECTION RESULTING IN HOSPITALIZATION OR DEATH;
 AND THE NUMBER OF FATALITIES FOLLOWING  HOSPITALIZATION  RESULTING  FROM
 SUSPECTED  OR  CONFIRMED  INFECTION OF THE DISEASE. THE DEPARTMENT SHALL
 AGGREGATE AND  PUBLISH  DE-IDENTIFIED  DATA,  SUBMITTED  BY  RESIDENTIAL
 HEALTH CARE FACILITIES UNDER THIS SECTION ON A WEEKLY BASIS, IN A MANNER
 THAT  IS  CONSISTENT  WITH  THE FEDERAL HEALTH INSURANCE PORTABILITY AND
 ACCOUNTABILITY ACT, AS AMENDED, AND ANY REGULATIONS  PROMULGATED  THERE-
 UNDER.
   2. FOR ANY RESIDENTIAL HEALTH CARE FACILITY THAT EXPERIENCES A FATALI-
 TY RATE OF AT LEAST FIVE PERCENT OF THE RESIDENT CENSUS AS A RESULT OF A
 STATE  DISASTER  EMERGENCY  THAT  INVOLVES A DISEASE OUTBREAK AS WELL AS
 STRONG INDICATIONS THAT  THE  INFECTION  RATE  WITHIN  THE  FACILITY  IS
 INCREASING  EXPONENTIALLY, OR OTHERWISE ATTRIBUTABLE TO A NOVEL PATHOGEN
 OR KNOWN PATHOGEN WITH A HIGH LETHALITY  RATE,  THE  COMMISSIONER  SHALL
 ESTABLISH  DAILY  COMMUNICATIONS  WITH  SUCH  FACILITY  TO DETERMINE AND
 PROVIDE, TO THE EXTENT PRACTICABLE, ALL NECESSARY  SUPPLIES,  EQUIPMENT,
 PERSONNEL  AND  PERSONNEL  TRAINING TO ENSURE THE FACILITY IS ADEQUATELY
 PREPARED TO ENSURE THE HEALTH AND SAFETY OF THE RESIDENTS.   IF, IN  THE
 EVENT THAT THE FATALITY AND INFECTION RATE REMAINS THE SAME OR INCREASES
 OVER  A  FIFTEEN DAY PERIOD FROM THE COMMISSIONER'S INITIAL CONTACT, DUE
 TO NEGLIGENT AND WILLFUL ACTIONS OF THE ESTABLISHED OPERATOR, WHICH  MAY
 INCLUDE,  BUT NOT BE LIMITED TO, A WILLFUL FAILURE TO COMPLY WITH PROCE-
 DURES OR UTILIZATION OF SUPPLIES AND EQUIPMENT PROVIDED, THE COMMISSION-
 ER SHALL APPOINT A TEMPORARY OPERATOR,  SUBJECT  TO  THE  PROVISIONS  OF
 SECTION  TWENTY-EIGHT  HUNDRED  SIX-A  OF  THIS  ARTICLE  TO ASSUME SOLE
 CONTROL AND SOLE RESPONSIBILITY FOR THE OPERATIONS OF THE FACILITY UNTIL
 THE RESIDENTS OF THE FACILITY (A) MAY BE SAFELY TRANSFERRED  TO  ANOTHER
 RESIDENTIAL HEALTH CARE FACILITY OR (B) TRANSFERRED TO A COMMUNITY-BASED
 SETTING  WHERE HOME CARE SERVICES ARE DELIVERED UNDER ARTICLE THIRTY-SIX
 OF THIS CHAPTER, PROVIDED THAT, SUCH RESIDENTS  QUALIFYING  FOR  MEDICAL
 ASSISTANCE SHALL BE DEEMED ELIGIBLE FOR IMMEDIATE NEED UNDER SUBDIVISION
 TWELVE  OF SECTION THREE HUNDRED SIXTY-SIX-A OF THE SOCIAL SERVICES LAW.
 IF THE COMMISSIONER HAS A REASONABLE BELIEF  OF  IMMINENT  HARM  TO  THE
 PUBLIC,  THE  COMMISSIONER  MAY INITIATE RECEIVERSHIP SUBJECT TO SECTION
 TWENTY-EIGHT HUNDRED TEN OF THIS ARTICLE.

 S. 1080--A                          3
 
   § 3.  Paragraphs (b) and (c) of subdivision 1 of section 2806-a of the
 public health law, as added by section 50 of part E of chapter 56 of the
 laws of 2013, are amended to read as follows:
   (b)  "established  operator"  shall mean the operator of an adult care
 facility, a general hospital [or], a  diagnostic  and  treatment  center
 that  has  been  established and issued an operating certificate as such
 pursuant to this article, OR A RESIDENTIAL HEALTH CARE FACILITY FOR  THE
 PURPOSES OF SECTION TWENTY-EIGHT HUNDRED EIGHT-E OF THIS ARTICLE;
   (c)  "facility"  shall mean (i) a general hospital or a diagnostic and
 treatment center that has been issued an operating certificate  as  such
 pursuant  to  this article; [or] (ii) an adult care facility; OR (III) A
 RESIDENTIAL HEALTH CARE FACILITY FOR THE  PURPOSES  OF  SECTION  TWENTY-
 EIGHT HUNDRED EIGHT-E OF THIS ARTICLE;
   § 4. This act shall take effect immediately; provided however that the
 amendments  made  to  section  2806-a  of  the public health law made by
 section three of this act shall not affect the repeal  of  such  section
 and shall be deemed repealed therewith.