Senate Bill S8159

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8159
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 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  nursing
   homes  to  designate  dedicated  storage spaces for the storage of the
   bodies of deceased persons
 
   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
 2810-a to read as follows:
   § 2810-A. NURSING HOME SPECIAL PROVISIONS. 1. (A)  EACH  NURSING  HOME
 SHALL DEVELOP AND SUBMIT TO THE DEPARTMENT A PLAN DESIGNATING A LOCATION
 FOR  TEMPORARY  ON-SITE STORAGE OF BODIES OF DECEASED PERSONS WHO DIE AT
 SUCH NURSING HOME UNTIL THOSE BODIES CAN BE SAFELY TRANSFERRED TO APPRO-
 PRIATE PARTIES FOR PURPOSES OF AUTOPSY OR DISPOSITION.
   (B) SUCH PLAN SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) THE DESIGNATION OF A DEDICATED STORAGE SPACE. IF  A  NURSING  HOME
 DOES NOT CURRENTLY HAVE AN APPROPRIATE SPACE MEETING THE REQUIREMENTS OF
 PARAGRAPH (C) OF THIS SUBDIVISION, THE PLAN SHALL INDICATE HOW THE NURS-
 ING   HOME   WILL  SATISFY  THESE  REQUIREMENTS  INCLUDING  THROUGH  NEW
 CONSTRUCTION OR MODIFICATION OF EXISTING SPACES OR UTILIZATION OF MOBILE
 STORAGE SPACES PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION;
   (II) IDENTIFICATION OF  THE  MAXIMUM  NUMBER  OF  BODIES  OF  DECEASED
 PERSONS  THAT  CAN  BE SAFELY STORED WITHIN THE DEDICATED STORAGE SPACE;
 AND
   (III) A DESCRIPTION OF THE MEANS BY WHICH THE NURSING HOME WILL ENSURE
 THAT BODIES OF DECEASED PERSONS ARE HANDLED, STORED, AND TRANSFERRED  IN
 A SAFE AND SANITARY MANNER, INCLUDING PROPER IDENTIFICATION AND MINIMIZ-
 ING  THE  PERIOD  OF  TIME  FOR WHICH EACH BODY IS KEPT IN THE DEDICATED
 STORAGE SPACE BEFORE TRANSFER TO OTHER APPROPRIATE PARTIES.
   (C) A DEDICATED STORAGE SPACE DESIGNATED FOR PURPOSES OF THIS SUBDIVI-
 SION SHALL BE:
   (I) LOCATED ON OR IMMEDIATELY ADJACENT TO THE GROUNDS OF  THE  NURSING
 HOME;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13413-02-1
              

 S. 8159                             2
 
   (II)  ISOLATED TO THE GREATEST EXTENT PRACTICABLE FROM PUBLIC VIEW AND
 PATIENT OR RESIDENT LIVING AND COMMON AREAS, INCLUDING PREVENTING ACCESS
 BY PERSONS OTHER THAN THOSE DIRECTLY INVOLVED IN STORAGE OR TRANSPORT OF
 BODIES OF DECEASED PERSONS;
   (III)  SUFFICIENTLY  REFRIGERATED  FOR  PURPOSES  OF STORING BODIES OF
 DECEASED PERSONS; AND
   (IV) OF SUFFICIENT SIZE AND SUITABLE CONSTRUCTION  TO  ENSURE  LAWFUL,
 SAFE,  AND  APPROPRIATE  HANDLING  AND  STORAGE  OF  BODIES  OF DECEASED
 PERSONS.
   (D) IF A NURSING HOME CANNOT MEET  THE  REQUIREMENTS  SPECIFIED  UNDER
 PARAGRAPH  (C)  OF THIS SUBDIVISION THROUGH CONSTRUCTION OR MODIFICATION
 OF EXISTING SPACES, SUCH NURSING HOME MAY DESIGNATE AND CONTRACT WITH  A
 THIRD  PARTY TO PROVIDE MOBILE STORAGE SPACES, PROVIDED THAT SUCH MOBILE
 STORAGE SPACES MEET THE REQUIREMENTS SPECIFIED UNDER  PARAGRAPH  (C)  OF
 THIS SUBDIVISION.
   (E)  A  STORAGE  SPACE DESIGNATED AS A STORAGE SPACE FOR THE BODIES OF
 DECEASED PERSONS PURSUANT TO THIS SUBDIVISION  SHALL  NOT  BE  DEEMED  A
 PUBLIC  MORGUE AND SHALL NOT BE REQUIRED TO STORE THE BODIES OF DECEASED
 PERSONS WHO ARE NOT PATIENTS OR RESIDENTS OF THE NURSING HOME.
   (F) IN ADDITION TO ANY OTHER RECORDS REQUIRED BY LAW OR REGULATION,  A
 NURSING  HOME  SHALL  MAINTAIN COMPLETE AND ACCURATE RECORDS RELATING TO
 STORAGE AND TRANSFER OF BODIES OF DECEASED PERSONS FOR A PERIOD OF  FIVE
 YEARS, INCLUDING:
   (I)  DEATH CERTIFICATES OR OTHER DOCUMENTATION OF DECLARED DATE, TIME,
 AND TO THE EXTENT KNOWN CAUSE OF DEATH  FOR  EACH  BODY  OF  A  DECEASED
 PERSON STORED IN THE DEDICATED STORAGE SPACE;
   (II)  DOCUMENTATION  SHOWING DATE AND TIME OF TRANSFERS FROM THE DEDI-
 CATED STORAGE SPACE TO ANOTHER APPROPRIATE PARTY  INCLUDING  IDENTIFICA-
 TION OF INDIVIDUALS OR ENTITIES WHO PROVIDED TRANSPORT SERVICES;
   (III)  COPIES OF ANY PERMITS OR CONTRACTS RELATING TO TRANSFER OF EACH
 BODY OF A DECEASED PERSON INCLUDING ANY CONTRACTS  BETWEEN  THE  NURSING
 HOME AND A PROVIDER OF MOBILE STORAGE SPACES UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION.
   (G)  THE  DEPARTMENT IS AUTHORIZED TO INSPECT, AT ANY TIME AND WITHOUT
 PRIOR NOTICE, ANY DEDICATED STORAGE SPACE AUTHORIZED UNDER THIS SUBDIVI-
 SION.
   (H) THE COMMISSIONER SHALL MAKE REGULATIONS UNDER THIS SECTION.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the commissioner of health may
 make  regulations  and take other actions reasonably necessary to imple-
 ment this act on that date.