NY State Senate Bill 2021-S4826

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Feb 12, 2021	referred to health

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2021-S4826 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 27-L §2799-v, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S8264

2021-S4826 (ACTIVE) - Summary

Establishes an emergency public health transparency and accountability council to receive reports of allegations of violations of any law, regulation or executive order related to the COVID-19 outbreak, in nursing homes and adult care facilities, or any conditions or actions that otherwise put any health care provider or resident of a nursing home or adult care facility at unnecessary risk.

2021-S4826 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4826

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing an
emergency public health transparency and accountability council, and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

To ensure all steps are taken to mitigate the impact of COVID-19 on
residents of nursing homes and adult care facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Creates a new section 2799-V of the public health law to
establish the Emergency Public Health Transparency and Accountability
Council, comprised of the state long-term care ombudsman, or a designee,
and two members each appointed by the governor, the temporary president
of the senate, the minority leader of the senate, the speaker of the

assembly, and the minority leader of the assembly.  Provides that for
the duration of the governor's declared state disaster emergency related
to the COVID-19 pandemic, the council shall submit daily reports to the
governor, the Department of Health, the Office for the Aging and each
member of the State Legislature regarding allegations of violations of
guidelines set forth in nursing homes and adult care facilities related
to the COVID-19 pandemic.

Requires that the Department of Health establish a 24/7 hotline to
receive such reports of allegations, and immediately transmit notice of
such allegation to the council. Provides that the council shall review
and categorize the allegations daily, and compose a report of such alle-
gations, broken down by category, along with recommendations for best
practices and solutions to immediately address such violations. Allega-
tions related to the COVID-19 outbreak received by the Department of
Health from such reports shall automatically be deemed a high priority
for the Department and an investigation into such allegation shall
commence within 24 hours.

Provides that the council shall receive no compensation for their
services, except for actual and necessary expenses. Also provides
protections for any reports made pursuant to this section in good faith.

Section 2: Provides the effective date.

 
JUSTIFICATION:

It is well known that the elderly and those who are immunocompromised
are at an increased risk of adverse outcomes, including death, resulting
from COVID-19. According to the Department of Health residents of New
York State nursing homes and adult care facilities have accounted for
more than 3,500 COVID-19 fatalities as of April 21. This number trans-
lates to nearly one in every four COVID-19 related death in the state
being a resident of such a facility, and these alarming numbers high-
light how critical it is for the state to concentrate efforts on miti-
gating the devastating impact this pandemic is having on our most
vulnerable residents.

In an effort to better protect these facilities, on March 13, the NYS
Department of Health released guidance that prohibited them from allow-
ing visitors. While this step limited the number of interactions with
potentially infected individuals, it prevented NYS Ombudsman-the volun-
teers charged with advocating on behalf of residents and their loved
ones-from entering these facilities. The move created tremendous anxiety
for many who felt they were not receiving timely information about their
loved ones in regards to the steps being taken to effectively protect
them from COVID-19.

This legislation would allow for those who are already inside the facil-
ities to act as the eyes and ears to ensure that health and safety
guidelines related to COVID-19 are being properly adhered to.  The bill
establishes the Emergency Public Health Transparency and Accountability
Council, along with a hotline that would receive reports of alleged
violations of any law, regulation or executive order related to the
COVID-19 outbreak in nursing homes and adult care facilities, or any
conditions or actions that otherwise put any health care provider or
resident of a nursing home or adult care facility at unnecessary risk.
Such reports would be forwarded to the council, which would then cate-
gorize and report the allegations to the governor, the Department of
Health, the Office for the Aging and each member of the State Legisla-
ture, along with recommendations for corrective actions every day during
this crisis. The Department of Health would also be responsible for
commencing appropriate investigations of any such reports related to
COVID-l9 in these facilities within 24 hours.

By ensuring that the concerns of those in nursing homes and adult care
facilities are heard swiftly by public officials, the state can more
efficiently develop proactive measures to ensure we are doing all we can
to protect our most vulnerable residents during this crisis.

 
LEGISLATIVE HISTORY:

2020: S.8264 Referred to Rules

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately; provide that the provisions of
this act shall expire and be deemed repealed on the day of the expira-
tion of the declared state of emergency relating to the novel coronavi-
rus (COVID-19); and provided, further, that the superintendent of finan-
cial services 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 sections 70-b of the public offi-
cers law.

2021-S4826 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4826
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by  Sens.  SERINO, AKSHAR, BORRELLO, BROOKS, JORDAN, ORTT --
   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 establishing an
   emergency public health transparency and accountability  council,  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. The public health law is amended by adding  a  new  article
 27-L to read as follows:
                               ARTICLE 27-L
      EMERGENCY PUBLIC HEALTH TRANSPARENCY AND ACCOUNTABILITY COUNCIL
 SECTION 2799-V. EMERGENCY  PUBLIC HEALTH TRANSPARENCY AND ACCOUNTABILITY
                   COUNCIL.
   § 2799-V. EMERGENCY  PUBLIC  HEALTH  TRANSPARENCY  AND  ACCOUNTABILITY
 COUNCIL. 1. THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT AN EMERGEN-
 CY  PUBLIC HEALTH TRANSPARENCY AND ACCOUNTABILITY COUNCIL TO BE COMPOSED
 OF ELEVEN MEMBERS, INCLUDING THE STATE LONG-TERM CARE OMBUDSMAN PURSUANT
 TO SECTION TWO HUNDRED EIGHTEEN OF THE  ELDER  LAW,  EX  OFFICIO,  OR  A
 DESIGNEE,  AND  TEN MEMBERS WHO SHALL BE APPOINTED BY THE GOVERNOR, WITH
 EIGHT OF THESE MEMBERS APPOINTED AS FOLLOWS:
   (A) TWO MEMBERS UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT  OF
 THE SENATE;
   (B)  TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
 SENATE;
   (C) TWO MEMBERS UPON THE RECOMMENDATION OF THE SPEAKER OF  THE  ASSEM-
 BLY; AND
   (D)  TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
 ASSEMBLY.
   VACANCIES IN THE MEMBERSHIP OF SUCH COUNCIL SHALL  BE  FILLED  BY  THE
 APPROPRIATE  APPOINTING  AUTHORITY.  THE  GOVERNOR SHALL SELECT A CHAIR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08027-01-1

 S. 4826                             2
 
 PERSON FROM AMONG THE MEMBERS OF THE COUNCIL. THE MEMBERS OF THE COUNCIL
 SHALL INCLUDE RETIRED HEALTH CARE PROVIDERS  WITH  RELEVANT  EXPERIENCE,
 INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE EXPERIENCE IN A NURSING HOME
 OR  ADULT  CARE  FACILITY,  AND  WHO  SHALL REPRESENT DIVERSE GEOGRAPHIC
 REGIONS OF THE STATE.
   2. FOR AS LONG AS THE GOVERNOR'S DECLARATION OF A STATE DISASTER EMER-
 GENCY, PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF  TWO  THOU-
 SAND TWENTY, REMAINS IN EFFECT, THE EMERGENCY PUBLIC HEALTH TRANSPARENCY
 AND ACCOUNTABILITY COUNCIL SHALL SUBMIT DAILY REPORTS PURSUANT TO SUBDI-
 VISION  FOUR  OF  THIS  SECTION  TO  THE GOVERNOR, THE COMMISSIONER, THE
 DIRECTOR OF THE OFFICE FOR THE AGING,  AND  EACH  MEMBER  OF  THE  STATE
 LEGISLATURE. SUCH REPORTS MAY BE IN AN ELECTRONIC FORMAT.
   3.  (A)  WITHIN  AMOUNTS  APPROPRIATED  THEREFOR, THE DEPARTMENT SHALL
 ESTABLISH A  STATEWIDE  TOLL-FREE  TELEPHONE  NUMBER  (A  "HOTLINE")  TO
 RECEIVE  REPORTS  OF ALLEGATIONS OF VIOLATIONS OF ANY LAW, REGULATION OR
 EXECUTIVE ORDER RELATED TO THE COVID-19 OUTBREAK, IN NURSING  HOMES  AND
 ADULT  CARE  FACILITIES, OR ANY CONDITIONS OR ACTIONS THAT OTHERWISE PUT
 ANY HEALTH CARE PROVIDER OR RESIDENT OF A NURSING  HOME  OR  ADULT  CARE
 FACILITY AT UNNECESSARY RISK. THE HOTLINE SHALL RECEIVE SUCH ALLEGATIONS
 TWENTY-FOUR  HOURS  PER DAY, SEVEN DAYS A WEEK. THE HOTLINE SHALL ACCEPT
 ANONYMOUS CALLS.
   (B) WHEN ANY ALLEGATION THAT COULD REASONABLY CONSTITUTE  A  VIOLATION
 OF  ANY  LAW,  REGULATION  OR  EXECUTIVE  ORDER  RELATED TO THE COVID-19
 OUTBREAK IN A NURSING HOME OR ADULT CARE FACILITY, OR ANY CONDITIONS  OR
 ACTIONS  THAT  OTHERWISE  PUT  ANY HEALTH CARE PROVIDER OR RESIDENT OF A
 NURSING HOME OR ADULT CARE FACILITY AT UNNECESSARY RISK, IS RECEIVED  BY
 THE HOTLINE, THE HOTLINE SHALL ACCEPT AND IMMEDIATELY TRANSMIT NOTICE OF
 THE  REPORT TO THE EMERGENCY PUBLIC HEALTH TRANSPARENCY AND ACCOUNTABIL-
 ITY COUNCIL.
   (C) THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 TO FACILITATE THE IMPLEMENTATION AND OPERATION OF THE HOTLINE, INCLUDING
 BUT NOT LIMITED TO, PROCEDURES FOR TIMELY AND ACCURATE REFERRALS TO  THE
 COUNCIL,  AS WELL AS PROCEDURES FOR ENSURING COMPLIANCE WITH APPROPRIATE
 CONFIDENTIALITY REQUIREMENTS.
   (D) ALLEGATIONS OF VIOLATIONS RECEIVED BY THE DEPARTMENT  PURSUANT  TO
 SUBDIVISION  TWO  OF THIS SECTION, OTHER THAN THOSE CATEGORIZED AS UNRE-
 LATED TO THE COVID-19 OUTBREAK, SHALL AUTOMATICALLY  BE  DEEMED  A  HIGH
 PRIORITY  BY  THE DEPARTMENT FOR INVESTIGATION, AND THE DEPARTMENT SHALL
 DIRECT THE COMMENCEMENT OF AN INVESTIGATION BY THE  APPROPRIATE  AGENCY,
 BOARD OR OFFICER OF SUCH ALLEGATION WITHIN TWENTY-FOUR HOURS.
   4.  (A)  THE  EMERGENCY  PUBLIC HEALTH TRANSPARENCY AND ACCOUNTABILITY
 COUNCIL SHALL REVIEW REPORTED ALLEGATIONS OF VIOLATIONS AND  ALLEGATIONS
 OF  CONDITIONS OR ACTIONS THAT PUT HEALTH CARE PROVIDERS OR RESIDENTS OF
 A NURSING HOME OR ADULT CARE FACILITY  AT  UNNECESSARY  RISK  WHICH  ARE
 RECEIVED  BY  THE  HOTLINE PURSUANT TO SUBDIVISION THREE OF THIS SECTION
 DAILY FOR AS LONG AS THE GOVERNOR'S  DECLARATION  OF  A  STATE  DISASTER
 EMERGENCY,  PURSUANT  TO  EXECUTIVE  ORDER NUMBER TWO HUNDRED TWO OF TWO
 THOUSAND TWENTY, REMAINS IN EFFECT. PROVIDED, HOWEVER, THAT THE  COUNCIL
 SHALL  NOT BE REQUIRED TO MEET IN PERSON AND MAY UTILIZE AVAILABLE AUDI-
 O-VIDEO TECHNOLOGY.
   (B) THE COUNCIL SHALL CATEGORIZE ALLEGATIONS  BY,  INCLUDING  BUT  NOT
 LIMITED  TO,  ALLEGATIONS OF INSUFFICIENT PERSONAL PROTECTIVE EQUIPMENT,
 ALLEGATIONS OF INSUFFICIENT COVID-19 TESTING FOR HEALTH  CARE  PROVIDERS
 OR  RESIDENTS,  ALLEGATIONS  OF  FAILURE  TO  ADHERE TO APPROPRIATE CARE
 GUIDELINES AND ALLEGATIONS UNRELATED TO  THE  COVID-19  OUTBREAK.  AFTER
 REVIEWING  EACH  NEW  ALLEGATION,  THE COUNCIL SHALL COMPOSE A REPORT OF

 S. 4826                             3
 
 SUCH ALLEGATIONS, BROKEN DOWN BY CATEGORY,  ALONG  WITH  RECOMMENDATIONS
 FOR BEST PRACTICES AND SOLUTIONS TO IMMEDIATELY ADDRESS SUCH VIOLATIONS.
 PROVIDED, HOWEVER, THAT REPORTS SUBMITTED TO MEMBERS OF THE STATE LEGIS-
 LATURE  SHALL  NOT  INCLUDE  SPECIFIC  IDENTIFYING INFORMATION ABOUT THE
 ALLEGATIONS.
   5. THE  MEMBERS  OF  THE  EMERGENCY  PUBLIC  HEALTH  TRANSPARENCY  AND
 ACCOUNTABILITY COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES,
 BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
 PERFORMANCE OF THEIR DUTIES HEREUNDER.
   6.  (A)  ANY PERSON WHO IN GOOD FAITH MAKES A REPORT OF ALLEGATIONS OF
 VIOLATIONS OF ANY LAW, REGULATION OR  EXECUTIVE  ORDER  RELATED  TO  THE
 COVID-19  OUTBREAK  IN  NURSING  HOMES AND ADULT CARE FACILITIES, OR ANY
 CONDITIONS OR ACTIONS THAT OTHERWISE PUT ANY  HEALTH  CARE  PROVIDER  OR
 RESIDENT  OF  A  NURSING HOME OR ADULT CARE FACILITY AT UNNECESSARY RISK
 PURSUANT TO THIS SECTION, INCLUDING THOSE  WHO  IN  GOOD  FAITH  MAKE  A
 REPORT TO THE WRONG RECIPIENT, SHALL HAVE IMMUNITY FROM CRIMINAL LIABIL-
 ITY WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
   (B)  ANY  PERSON  WHO  REASONABLY  AND IN GOOD FAITH MAKES A REPORT OF
 ALLEGATIONS OF VIOLATIONS OF ANY  LAW,  REGULATION  OR  EXECUTIVE  ORDER
 RELATED TO THE COVID-19 OUTBREAK IN NURSING HOMES AND ADULT CARE FACILI-
 TIES,  OR  ANY  CONDITIONS OR ACTIONS THAT OTHERWISE PUT ANY HEALTH CARE
 PROVIDER OR RESIDENT OF A NURSING HOME OR ADULT CARE FACILITY AT  UNNEC-
 ESSARY  RISK  PURSUANT  TO  THIS SECTION, SHALL HAVE IMMUNITY FROM CIVIL
 LIABILITY WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
   § 2. This  act  shall  take  effect  immediately;  provided  that  the
 provisions of this act shall expire and be deemed repealed on the day of
 the  expiration of the declared state of emergency relating to the novel
 coronavirus (COVID-19); and provided, further, that  the  superintendent
 of financial services shall notify the legislative bill drafting commis-
 sion  upon  the occurrence of the expiration of the state disaster emer-
 gency 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 accu-
 rate 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  offi-
 cers law.

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Senate Bill S4826

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

co-Sponsors

2021-S4826 (ACTIVE) - Details

2021-S4826 (ACTIVE) - Summary

2021-S4826 (ACTIVE) - Sponsor Memo

2021-S4826 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

co-Sponsors

Fred Akshar

George M. Borrello

John E. Brooks

Daphne Jordan

2021-S4826 (ACTIVE) - Details

2021-S4826 (ACTIVE) - Summary

2021-S4826 (ACTIVE) - Sponsor Memo

2021-S4826 (ACTIVE) - Bill Text download pdf

Comments