The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6610
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the public health law, in relation to  reporting  COVID-
   19,  communicable  diseases  and  deaths  caused  by such communicable
   diseases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 206 of the public health law is
 amended by adding two new paragraphs (e-1) and (e-2) to read as follows:
   (E-1) ENSURE THAT THE DEPARTMENT  UPDATES  ITS  REGULAR  REPORTING  OF
 "NURSING HOME AND ADULT CARE FACILITY COVID RELATED DEATHS STATEWIDE" TO
 INCLUDE  THOSE  COVID-19  CONFIRMED AND PRESUMED POSITIVE CASES OF RESI-
 DENTS WHO WERE TRANSFERRED FROM A NURSING HOME OR ADULT CARE FACILITY TO
 A HOSPITAL AND DIED IN THE HOSPITAL RETROSPECTIVE TO  MARCH  FIRST,  TWO
 THOUSAND  TWENTY.  SUCH UPDATE SHALL OCCUR AND BE PUBLICLY POSTED WITHIN
 THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION;
   (E-2) SHARE AGGREGATE  REPORTS  OF  INFORMATION  COLLECTED  UNDER  THE
 DEPARTMENT'S  EMERGENCY  SURVEY  SYSTEM  KNOWN  AS  THE HEALTH EMERGENCY
 RESPONSE DATA SYSTEM  (HERDS),  OR  ITS  SUCCESSOR,  WITH  THE  ENTITIES
 COMPLETING  AND  SUBMITTING  THE HERDS SURVEYS, IN ORDER TO SUPPORT SUCH
 ENTITIES' SITUATIONAL AWARENESS AND EMERGENCY RESPONSE NEEDS AS DICTATED
 BY THE NATURE OF THE  EMERGENCY;  SUCH  REPORTS  SHALL  BE  SHARED  WITH
 SURVEYED ENTITIES AS SOON AS PRACTICABLE AFTER THE HERDS COLLECTION, AND
 SHALL  BE IN A FORM AND INTERVAL APPROPRIATE TO THE COLLECTION FREQUENCY
 AND CIRCUMSTANCES OF THE EMERGENCY; FOR SURVEYS OF  DURATION  LESS  THAN
 ONE  WEEK, REPORTS SHALL BE SHARED AS SOON AS PRACTICABLE, BUT NOT LATER
 THAN ONE WEEK AFTER FINAL COLLECTION; FOR SURVEYS OF DURATION MORE  THAN
 ONE  WEEK,  SUCH  REPORTS SHALL BE SHARED NO LESS FREQUENTLY THAN WEEKLY
 DURING THE SURVEY PERIOD. INFORMATION FROM  SUCH  REPORTS  MAY  BE  MADE
 PUBLIC  BY  THE  DEPARTMENT AND SHALL BE USED TO ENSURE THE DEPARTMENT'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07694-03-1

 A. 6610                             2
 
 PUBLIC REPORTS REQUIRED PURSUANT TO SECTIONS  TWENTY-ONE  HUNDRED  ONE-A
 AND FORTY-ONE HUNDRED FORTY OF THIS CHAPTER ARE ACCURATE AND TIMELY;
   §  2.  The public health law is amended by adding a new section 2101-a
 to read as follows:
   § 2101-A. COMMUNICABLE DISEASES; DUTY TO REPORT; TRANSFER OF  INDIVID-
 UALS.  1.  WHEN A COMMUNICABLE DISEASE IS REPORTED BY A PERSON IN CHARGE
 OF A STATE INSTITUTION, PURSUANT TO SECTION  TWO  THOUSAND  ONE  HUNDRED
 FIVE OF THIS TITLE, OR A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF
 THIS  CHAPTER,  PURSUANT TO   THE PROVISIONS OF SECTION TWO THOUSAND ONE
 HUNDRED ONE OF THIS TITLE, THE REPORT SHALL INCLUDE WHETHER THE INDIVID-
 UAL WAS TRANSFERRED FROM ANOTHER INSTITUTION OR FACILITY,  INCLUDING  AN
 ADULT  CARE  FACILITY,  AND IDENTIFY THE FACILITY. THE REPORT SHALL ALSO
 INCLUDE WHETHER THE INDIVIDUAL WORKS IN A HEALTH CARE FACILITY AND IDEN-
 TIFY THE FACILITY.
   2. DURING A DECLARED PUBLIC HEALTH EMERGENCY, INFORMATION COLLECTED BY
 THE STATE AND LOCAL HEALTH DISTRICTS ON CASES OF A COMMUNICABLE  DISEASE
 ASSOCIATED  WITH  A DECLARED PUBLIC HEALTH EMERGENCY SHALL BE MAINTAINED
 AND UPDATED ON THE DEPARTMENT'S WEBSITE NO LESS FREQUENTLY THAN ONCE PER
 WEEK TO IDENTIFY THE NUMBER OF CASES OF RESIDENTS AND STAFF  AT  PARTIC-
 ULAR  NURSING HOMES AND ADULT CARE FACILITIES, TOGETHER WITH INFORMATION
 ON DEATHS OF RESIDENTS AS REQUIRED BY SECTION FORTY-ONE HUNDRED FORTY OF
 THIS CHAPTER.
   § 3. Section 4140 of the public health law is amended by adding a  new
 subdivision 4 to read as follows:
   4.  WHERE  THE  DEATH  IS  CONFIRMED OR PRESUMED TO HAVE OCCURRED FROM
 COVID-19, AND THE INDIVIDUAL RESIDED IN A NURSING  HOME  OR  ADULT  CARE
 FACILITY AT OR IMMEDIATELY PRIOR TO SUCH DEATH, THE COMMISSIONER AND THE
 DEPARTMENT  OF  HEALTH  OF  THE  CITY  OF  NEW YORK AND REGISTRAR OF THE
 DISTRICT IN WHICH THE DEATH OCCURRED SHALL, IN ADDITION  TO  MAINTAINING
 DEATHS BY DISTRICT, RECORD SUCH DEATH AS THAT OF A NURSING HOME OR ADULT
 CARE FACILITY RESIDENT EVEN IF THE INDIVIDUAL DID NOT DIE IN SUCH FACIL-
 ITY.  DURING  A DECLARED PUBLIC HEALTH EMERGENCY, SUCH INFORMATION SHALL
 BE MAINTAINED AND UPDATED ON THE DEPARTMENT'S WEBSITE NO LESS FREQUENTLY
 THAN ONCE PER WEEK, TOGETHER WITH INFORMATION ON CASES OF THE COMMUNICA-
 BLE DISEASE ASSOCIATED WITH THE PUBLIC HEALTH EMERGENCY OF RESIDENTS AND
 STAFF AS REQUIRED BY SECTION TWENTY-ONE HUNDRED ONE-A OF THIS CHAPTER.
   § 4. This act shall take effect immediately.