S T A T E O F N E W Y O R K
________________________________________________________________________
1621
2021-2022 Regular Sessions
I N S E N A T E
January 14, 2021
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Introduced by Sens. SANDERS, RITCHIE -- read twice and ordered printed,
and when printed to be committed to the Committee on Health
AN ACT requiring the commissioner of health to ensure all nursing home
residents and staff receive COVID-19 testing; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "New York
Nursing Home Protection Act of 2021".
§ 2. The commissioner of health shall create and implement a program
to ensure that all staff of nursing homes throughout the state are test-
ed twice weekly for COVID-19. Residents shall be tested for COVID-19 on
a weekly basis. The department of health shall provide sufficient
personal protective equipment (PPE) for all staff and residents and
provide for the cost of the testing.
§ 3. For the purposes of this act, the following terms shall have the
following meanings:
(a) "nursing home" shall mean a place to live where care is available
for people of all ages, including children, who need twenty-four-hour
nursing care and supervision outside of a hospital. Such care shall
include basic care and specialized services;
(b) "nursing home resident" shall mean a person who resides in a nurs-
ing home; and
(c) "nursing home staff" shall mean a person who is employed by a
nursing home.
§ 4. Necessary funding to implement the program established in section
one of this act shall come from existing resources, federal funds,
private sources, and appropriations from the general fund.
§ 5. This act shall take effect immediately; provided that the
provisions of this act shall expire and be deemed repealed upon the
expiration of the declared state of emergency relating to the novel
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00147-01-1
S. 1621 2
coronavirus (COVID-19); and provided, further, that the commissioner of
health shall notify the legislative bill drafting commission upon the
occurrence of the expiration of the state disaster emergency declared by
executive order number 202 and any further amendments or modifications,
and as may be further extended pursuant to section 28 of the executive
law, in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.