NY State Assembly Bill 2021-A7401A

Assembly Bill A7401A

2021-2022 Legislative Session

Prohibits admission of COVID-19 positive residents to residential facilities for persons with developmental disabilities; requires an emergency treatment plan for COVID-19 positive residents of such facilities

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2022	enacting clause stricken
Jan 05, 2022	referred to people with disabilities
Jun 01, 2021	print number 7401a
Jun 01, 2021	amend (t) and recommit to people with disabilities
May 07, 2021	referred to people with disabilities

Bill Amendments

Original

A (Active)

2021-A7401 - Details

Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.44, Ment Hyg L; add Art 30-D §§3090 - 3091, Pub Health L

2021-A7401 - Summary

Prohibits admission of COVID-19 positive residents to residential facilities for persons with developmental disabilities; requires the department of health and the office for persons with developmental disabilities to develop an emergency treatment plan for COVID-19 positive residents of such facilities.

2021-A7401 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7401
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  M. MILLER  --  read once and referred to the
   Committee on People with Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to  prohibiting  the
   admission of COVID-19 positive residents to residential facilities for
   persons with developmental disabilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 13.44 to read as follows:
 § 13.44 ADMISSION OF COVID-19 POSITIVE RESIDENTS.
   NOTWITHSTANDING ANY LAW, RULE, REGULATION OR GUIDANCE TO THE CONTRARY,
 NO  RESIDENTIAL  FACILITY  FOR  THE  CARE  AND TREATMENT OF PERSONS WITH
 DEVELOPMENTAL DISABILITIES INCLUDING A FAMILY CARE HOME SHALL  KNOWINGLY
 ALLOW  A RESIDENT WHO HAS TESTED POSITIVE FOR COVID-19 TO ENTER OR REEN-
 TER THAT FACILITY AS A  TEMPORARY  OR  PERMANENT  RESIDENT  UNLESS  SUCH
 PERSON PROVIDES PROOF OF A NEGATIVE TEST FOR COVID-19.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10531-01-1

2021-A7401A (ACTIVE) - Details

Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.44, Ment Hyg L; add Art 30-D §§3090 - 3091, Pub Health L

2021-A7401A (ACTIVE) - Summary

2021-A7401A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7401--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  M. MILLER  --  read once and referred to the
   Committee on People with Disabilities --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the mental hygiene law, in relation to  prohibiting  the
   admission of COVID-19 positive residents to residential facilities for
   persons  with  developmental  disabilities;  and  to  amend the public
   health law, in relation to requiring an emergency treatment  plan  for
   COVID-19 positive residents of such facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 13.44 to read as follows:
 § 13.44 ADMISSION OF COVID-19 POSITIVE RESIDENTS.
   NOTWITHSTANDING ANY LAW, RULE, REGULATION OR GUIDANCE TO THE CONTRARY,
 NO  RESIDENTIAL  FACILITY  FOR  THE  CARE  AND TREATMENT OF PERSONS WITH
 DEVELOPMENTAL DISABILITIES INCLUDING A FAMILY CARE HOME SHALL  KNOWINGLY
 ALLOW  A RESIDENT WHO HAS TESTED POSITIVE FOR COVID-19 TO ENTER OR REEN-
 TER THAT FACILITY AS A  TEMPORARY  OR  PERMANENT  RESIDENT  UNLESS  SUCH
 PERSON PROVIDES PROOF OF A NEGATIVE TEST FOR COVID-19.
   §  2. The public health law is amended by adding a new article 30-D to
 read as follows:
                               ARTICLE 30-D
             EMERGENCY OR DISASTER TREATMENT PREPAREDNESS ACT
 SECTION 3090. DEFINITIONS.
         3091. REGIONAL STEP-DOWN FACILITY PLAN.
   § 3090. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. THE TERM "RESIDENTIAL FACILITY" MEANS ANY RESIDENTIAL FACILITY  FOR
 THE  CARE AND TREATMENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES UNDER
 ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW, INCLUDING A FAMILY CARE HOME.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10531-04-1

 A. 7401--A                          2
 
   2. THE TERM "STEP-DOWN FACILITY" SHALL MEAN  A  FACILITY  SPECIFICALLY
 ESTABLISHED TO TEMPORARILY CARE FOR INDIVIDUALS WHO HAVE BEEN DISCHARGED
 FROM  A  HOSPITAL  AFTER  RECEIVING TREATMENT FOR COVID-19, OR ANY OTHER
 SICKNESS RELATED TO A PANDEMIC, TO A RESIDENTIAL  FACILITY  FOR  PERSONS
 WITH  DEVELOPMENTAL DISABILITIES WHERE AN INDIVIDUAL RESIDES UNTIL IT IS
 SAFE TO RETURN, FOR THE PURPOSE OF PREVENTING THE SPREAD OF COVID-19  OR
 ANY  OTHER SICKNESS RELATED TO A PANDEMIC. STEP-DOWN FACILITIES MAY ALSO
 ADMIT INDIVIDUALS FROM A RESIDENTIAL FACILITY WHO HAVE  TESTED  POSITIVE
 FOR  COVID-19,  OR  ANY  OTHER  SICKNESS  RELATED  TO A PANDEMIC, OR ARE
 SUSPECTED TO BE POSITIVE FOR SUCH, WHO DID NOT RECEIVE TREATMENT OR  WHO
 WERE OTHERWISE NOT ADMITTED AND SUBSEQUENTLY DISCHARGED FROM A HOSPITAL.
   §  3091.  REGIONAL  STEP-DOWN  FACILITY  PLAN.  1.  THE DEPARTMENT, IN
 CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES
 AND  ORGANIZATIONS  REPRESENTING RESIDENTIAL FACILITIES FOR PERSONS WITH
 DISABILITIES, SHALL DEVELOP  A  PLAN  TO  ESTABLISH  REGIONAL  STEP-DOWN
 FACILITIES  TO  REDUCE THE RISK OF TRANSMISSION OF COVID-19 OR ANY OTHER
 SICKNESS RELATED TO A  PANDEMIC  WITHIN  SUCH  FACILITIES,  PARTICULARLY
 AFTER AN INDIVIDUAL WHO HAS RECEIVED TREATMENT FOR COVID-19 OR ANY OTHER
 SICKNESS  RELATED  TO A PANDEMIC HAS BEEN DISCHARGED FROM A HOSPITAL AND
 WOULD OTHERWISE RETURN TO A RESIDENTIAL FACILITY WHILE STILL CONTAGIOUS.
 SUCH PLAN WILL  ACCOUNT  FOR  A  POSSIBLE  RESURGENCE  OF  THE  COVID-19
 INFECTION  RATE,  OR  THE  EMERGENCE  OF ANY OTHER SICKNESS RELATED TO A
 PANDEMIC.
   2. THE COMMISSIONER SHALL SUBMIT SUCH PLAN TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE  MINORITY
 LEADER  OF  THE SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY NO LATER
 THAN JULY FIRST, TWO THOUSAND TWENTY-ONE.
   3. THE COMMISSIONER SHALL REVIEW AND  UPDATE  THE  REGIONAL  STEP-DOWN
 FACILITY  PLAN BIENNIALLY, OR MORE FREQUENTLY IF THE COMMISSIONER DETER-
 MINES IT NECESSARY, AND SHALL POST SUCH UPDATED  PLAN  PUBLICLY  ON  THE
 DEPARTMENT'S  WEBSITE AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES' WEBSITE AS EXPEDITIOUSLY AS POSSIBLE.
   § 3. This act shall take effect immediately.

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