Senate Bill S6601A

                                
 
BILL NUMBER: S6601

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring COVID-19
testing of employees at nursing homes and residential health care facil-
ities

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 2805-aa to require every nursing home and
residential health care facility, at least once a week, to test every
employee for COVID-19. If such employee as not received the full set of
vaccinations for COVID-19, such testing shall occur at least twice a
week.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

              

COVID-19 has had a disastrous effect on the state's most vulnerable
populations, particularly those in nursing homes and residential facili-
ties. However, frequent testing of employees at these facilities can
lead to false positives that then force a two-week quarantine. Loved
ones are then left unable to visit those who are elderly and potentially
nearing the end of their lives.

This bill would strike a balance between proper testing at these facili-
ties and reducing the amount of unnecessary quarantine periods.  It
requires every nursing home and residential health care facility to test
every employee at least once a week, which is a reduction for many of
these facilities. While the health effects of frequent testing on these
employees is unknown, this bill will reduce the amount of testing to a
more reasonable level. The bill also requires at least twice a week
testing for those who have not received the full set of vaccinations, in
order to both keep the vulnerable residents safe and incentivize employ-
ees to get fully vaccinated.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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this act shall expire and be deemed repealed upon the expiration of the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 disaster emergency relating to the novel 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 legisla-
tive law and section 70-b of the public officers law.

                                 
BILL NUMBER: S6601B

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring COVID-19
testing of certain employees at nursing homes, residential health care
facilities, assisted living facilities and enhanced assisted living
facilities; and providing for the repeal of such provisions upon expira-
tion thereof

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 2805-aa to the public health law to require
every nursing home and residential health care facility, at least once a
week, to test every employee whose scope of employment includes contact
with residents at such nursing home or residential health facility for
COVID-19. If such employee has not received the full set of vaccinations
for COVID-19, such testing shall occur at least twice a week. Every
nursing home and residential health care facility shall, at least once a
month, test every employee whose scope-of employment does not include
contact with residents at such nursing home or residential health facil-
ity for COVID-19. If such employee has not received the full set of
              

vaccinations for COVID-19, such testing shall occur at least twice a
month.

Section 2 adds a new subdivision 9 to section 4656 of the public health
law to require every assisted living operator, at least once a week, to
test every employee whose scope of employment includes contact with
residents at such assisted living residence for COVID-19. If such
employee has not received the full set of vaccinations for COVID-19,
such testing shall occur at least twice a week. Every assisted living
operator shall, at least once a month, test every employee whose scope
of employment does not include contact with residents at such assisted
living residence for COVID-19. If such employee has not received the
full set of vaccinations for COVID-19, such testing shall occur at least
twice a month.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

COVID-19 has had a disastrous effect on the state's most vulnerable
populations, particularly those in nursing homes, residential facili-
ties, and assisted living. However, frequent testing of employees at
these facilities can lead to false positives that then force a two-week
quarantine. Loved ones are then left unable to visit those who are
elderly and potentially nearing the end of their lives.

This bill would strike a balance between proper testing at these facili-
ties and reducing the amount of unnecessary quarantine periods.  It
requires every nursing home, residential health care facility, and
assisted living residence to test every employee who has contact with
residents at least once a week, and only once a month if the employee
does not have regular contact with residents, which is a reduction for
many of these facilities. While the health effects of frequent testing
on these employees is unknown, this bill will reduce the amount of test-
ing to a more reasonable level. The bill also requires at least twice a
week testing for those who have regular contact with residents and have
not received the full set of vaccinations, and twice a month for those
who do not have regular resident contact, in order to both keep the
vulnerable residents safe and incentivize employees to get fully vacci-
nated.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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 disaster emergency relating to the novel 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 legisla-
tive law and section 70-b of the public officers law.

                                
 
BILL NUMBER: S6601C

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring COVID-19
testing of certain employees at nursing homes, residential health care
facilities, assisted living facilities and enhanced assisted living
facilities; and providing for the repeal of such provisions upon expira-
tion thereof

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 2805-aa to the public health law to require
every nursing home and residential health care facility, once a week, to
test every employee whose scope of employment includes contact with
residents at such nursing home or residential health facility for
COVID-19. If such employee has not received the full set of vaccinations
for COVID-19, such testing shall occur twice a week.  Every nursing home
and residential health care facility shall, once a month, test every
employee whose scope of employment does not include contact with resi-
dents at such nursing home or residential health facility for COVID-19.
              

If such employee has not received the full set of vaccinations for
COVID-19, such testing shall occur twice a month.  The commissioner may,
at his or her discretion, set testing standards which are less frequent
than those provided in this section.

Section 2 adds a new subdivision 9 to section 4656 of the public health
law to require every assisted living operator, once a week, to test
every employee whose scope of employment includes contact with residents
at such assisted living residence for COVID-19. If such employee has not
received the full set of vaccinations for COVID-19, such testing shall
occur twice a week. Every assisted living operator shall, once a month,
test every employee whose scope of employment does not include contact
with residents at such assisted living residence for COVID-19. If such
employee has not received the full set of vaccinations for COVID-19,
such testing shall occur twice a month. The commissioner may, at his or
her discretion, set testing standards which are less frequent than those
provided in this subdivision.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

COVID-19 has had a disastrous effect on the state's most vulnerable
populations, particularly those in nursing homes, residential facili-
ties, and assisted living. However, frequent testing of employees at
these facilities can lead to false positives that then force a two-week
quarantine. Loved ones are then left unable to visit those who are
elderly and potentially nearing the end of their lives.

This bill would strike a balance between proper testing at these facili-
ties and reducing the amount of unnecessary quarantine periods.  It
requires every nursing home, residential health care facility, and
assisted living residence to test every employee who has contact with
residents once a week, and only once a month if the employee does not
have regular contact with residents, which is a reduction for many of
these facilities. While the health effects of frequent testing on these
employees is unknown, this bill will reduce the amount of testing to a
more reasonable level. The bill also requires twice a week testing for
those who have regular contact with residents and have not received the
full set of vaccinations, and twice a month for those who do not have
regular resident contact, in order to both keep the vulnerable residents
safe and incentivize employees to get fully vaccinated. The Department
of Health is authorized to set less frequent testing standards as need-
ed, in order to flexibly respond to the current state of emergency.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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 disaster emergency relating to the novel 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 legisla-
tive law and section 70-b of the public officers law.