S T A T E O F N E W Y O R K
________________________________________________________________________
6913
2021-2022 Regular Sessions
I N S E N A T E
May 20, 2021
___________
Introduced by Sen. SERINO -- 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 grants for nursing
homes and adult care facilities to hire additional employees during
the COVID-19 pandemic; 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 section
2807-ii to read as follows:
§ 2807-II. PANDEMIC DISPLACED EMPLOYEES GRANTS FOR NURSING HOMES AND
ADULT CARE FACILITIES. 1. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION
OF LAW TO THE CONTRARY, WITHIN FUNDS APPROPRIATED FOR SERVICES AND
EXPENSES RELATED TO THE OUTBREAK OF CORONAVIRUS DISEASE OF TWO THOUSAND
NINETEEN (COVID-19) PURSUANT TO CHAPTER FIFTY OF THE LAWS OF TWO THOU-
SAND TWENTY, THE COMMISSIONER SHALL MAKE GRANTS AVAILABLE PURSUANT TO
THIS SECTION TO NURSING HOMES AND ADULT CARE FACILITIES THAT HAVE HIRED
AN EMPLOYEE OR MULTIPLE EMPLOYEES WHO HAVE BEEN DISPLACED FROM THEIR
PLACE OF EMPLOYMENT DUE TO ANY EXECUTIVE ORDER ISSUED BY THE GOVERNOR
RELATED TO THE COVID-19 PANDEMIC.
(B) SUCH GRANTS SHALL COVER ELIGIBLE COSTS ASSOCIATED WITH HIRING
INDIVIDUALS WHO HAVE BEEN DISPLACED FROM THEIR PLACE OF EMPLOYMENT DUE
TO ANY EXECUTIVE ORDER ISSUED BY THE GOVERNOR RELATED TO COVID-19,
INCLUDING, BUT NOT LIMITED TO (I) ADMINISTRATIVE COSTS ASSOCIATED WITH
RECRUITING SUCH INDIVIDUALS FOR EMPLOYMENT, AS WELL AS TRAINING, CERTIF-
ICATION AND ORIENTATION; OR (II) SALARY FOR TEMPORARY EMPLOYMENT OF SUCH
INDIVIDUALS TO STAFF PHONE LINES AT SUCH FACILITIES THAT ARE SOLELY
DEDICATED TO PROVIDING INFORMATION ON RESIDENTS OF SUCH FACILITIES TO
FAMILY MEMBERS OF SUCH RESIDENTS FOR AS LONG AS THE GOVERNOR'S DECLARA-
TION OF A STATE DISASTER EMERGENCY, PURSUANT TO EXECUTIVE ORDER NUMBER
TWO HUNDRED TWO OF TWO THOUSAND TWENTY REMAINS IN EFFECT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08029-01-1
S. 6913 2
(C) THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS RELATED TO
DETERMINING ELIGIBLE COSTS ASSOCIATED WITH HIRING INDIVIDUALS WHO HAVE
BEEN DISPLACED FROM THEIR PLACE OF EMPLOYMENT DUE TO ANY EXECUTIVE ORDER
ISSUED BY THE GOVERNOR RELATED TO COVID-19, THE DISTRIBUTION OF GRANTS
PURSUANT TO THIS SECTION, AND THE RESPONSIBILITIES OF NURSING HOMES AND
ADULT CARE FACILITIES THAT HAVE RECEIVED SUCH GRANTS.
2. GRANTS SHALL, AS EQUITABLY AS POSSIBLE, BE DISTRIBUTED AMONG NURS-
ING HOMES AND ADULT CARE FACILITIES IN URBAN, SUBURBAN AND RURAL AREAS
OF THE STATE, REFLECTIVE OF THE NEEDS OF EACH AREA DUE TO THE COVID-19
PANDEMIC.
3. GRANTS MADE BY THE COMMISSIONER PURSUANT TO SUBPARAGRAPH (I) OF
PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT EXCEED THREE
THOUSAND DOLLARS FOR EACH EMPLOYEE HIRED WHO HAD BEEN DISPLACED FROM
THEIR PLACE OF EMPLOYMENT DUE TO ANY EXECUTIVE ORDER ISSUED BY THE
GOVERNOR RELATED TO THE COVID-19 PANDEMIC. THE COMMISSIONER IS AUTHOR-
IZED TO ESTABLISH LIMITS ON GRANTS MADE FOR EACH EMPLOYEE HIRED BY A
FACILITY, OR LIMITS ON GRANTS MADE TO EACH FACILITY, PURSUANT TO SUBPAR-
AGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
4. THE COMMISSIONER SHALL PREPARE AND SUBMIT A REPORT TO THE GOVERNOR
AND THE LEGISLATURE, INCLUDING TO THE TEMPORARY PRESIDENT OF THE SENATE,
THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE
MINORITY LEADER OF THE ASSEMBLY, ON OR BEFORE SEPTEMBER FIRST, TWO THOU-
SAND TWENTY-TWO, INDICATING GRANT RECIPIENTS AND THE AMOUNT OF EACH
GRANT AWARDED PURSUANT TO THIS SECTION.
§ 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.