Senate Bill S4545B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4545
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring  certain
   residential  health  care  facilities  provide free internet access to
   certain residents

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2803-z to read as follows:
   § 2803-Z. RESIDENTIAL HEALTH CARE FACILITY REQUIREMENTS. ALL VOLUNTARY
 AND STATE-RUN RESIDENTIAL HEALTH CARE FACILITIES SHALL PROVIDE  INTERNET
 ACCESS,  INCLUDING  WIRELESS INTERNET CONNECTIVITY, TO ALL RESIDENTS WHO
 ARE INTELLECTUALLY OR DEVELOPMENTALLY DISABLED. THE  RESIDENTIAL  HEALTH
 CARE  FACILITY  SHALL  NOT  IMPOSE  A FEE FOR THE INTERNET ACCESS OR THE
 WIRELESS INTERNET CONNECTIVITY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08586-01-1



              

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4545--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the mental hygiene law, in relation to requiring certain
   residential  facilities  provide free internet access to certain resi-
   dents
 
   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
 16.39 to read as follows:
 §  16.39 RESIDENTIAL FACILITY INTERNET SERVICE.
   (A) EVERY PROVIDER OF SERVICES HOLDING AN OPERATING CERTIFICATE FOR  A
 RESIDENTIAL FACILITY FOR THE CARE AND TREATMENT OF PERSONS WITH DEVELOP-
 MENTAL  DISABILITIES,  INCLUDING  BUT  NOT LIMITED TO FAMILY CARE HOMES,
 SHALL PROVIDE UNINTERRUPTED ACCESS TO  HIGH  QUALITY  INTERNET  SERVICE,
 INCLUDING  BUT  NOT LIMITED TO PROVIDING A WIRELESS NETWORK FOR PERSONAL
 DEVICES, TO ALL RESIDENTS  OF  THE  FACILITY  RECEIVING  SERVICES.  SUCH
 CERTIFIED  RESIDENTIAL FACILITY SHALL NOT IMPOSE ANY FEE RELATED TO SUCH
 INTERNET ACCESS, THE WIRELESS CONNECTIVITY, OR THE USE OF ANY DEVICE  TO
 RECEIVE  OR  PROVIDE  INTERNET ACCESS. FOR THE PURPOSES OF THIS SECTION,
 THE TERM "HIGH QUALITY INTERNET SERVICE" MEANS AN  INTERNET  SERVICE  OF
 THE  CURRENT INDUSTRY STANDARD OR AT LEAST TEN MEGABITS PER SECOND DOWN-
 LOAD SPEED AND AT LEAST TEN MEGABITS PER SECOND UPLOAD SPEED,  WHICHEVER
 IS  HIGHER,  OR  WHERE  SUCH  SPEEDS ARE NOT AVAILABLE, THE COMMERCIALLY
 AVAILABLE INTERNET SERVICE PLAN WITH THE  MAXIMUM  DOWNLOAD  AND  UPLOAD
 SPEEDS.    THE  REQUIREMENTS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY IN
 GEOGRAPHIC REGIONS IN WHICH THERE IS LIMITED OR NO ACCESS TO HIGH QUALI-
 TY INTERNET SERVICE, UPON APPROVAL BY THE COMMISSIONER OR THEIR DELEGEE,
 NOR SHALL THE REQUIREMENTS OF THIS SUBDIVISION APPLY IN  CASES  WHERE  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08586-02-1
              

 S. 4545--A                          2
 
 RESIDENT'S TREATMENT TEAM HAS DETERMINED THAT SUCH INTERNET ACCESS WOULD
 NOT BE CLINICALLY APPROPRIATE FOR THAT RESIDENT.
   (B)  THE OPERATOR OF A RESIDENTIAL FACILITY FOR THE CARE AND TREATMENT
 OF PERSONS WITH DEVELOPMENTAL DISABILITIES, INCLUDING BUT NOT LIMITED TO
 FAMILY CARE HOMES, SHALL TAKE ALL PRACTICABLE AND  REASONABLE  STEPS  TO
 PROTECT  THE  PRIVACY  AND  SAFETY  OF THE RESIDENTS WITHOUT IMPEDING OR
 INTERRUPTING THEIR ACCESS TO INTERNET SERVICE PROVIDED PURSUANT TO  THIS
 SECTION.  ANY  USE  OF PERSONAL INFORMATION SHALL   BE LIMITED TO USE OF
 ONLY SUCH PERSONALLY IDENTIFIABLE INFORMATION AS SHALL BE  NECESSARY  TO
 SATISFY THE REQUIREMENTS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.