S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9532
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced  by M. of A. SALKA -- read once and referred to the Committee
   on Health
 
 AN ACT directing the commissioner of health to conduct an  investigation
   of  the department's performance, compliance and enforcement of appli-
   cable state laws, rules,  regulations,  and  directives  or  executive
   orders,  with  respect to mitigating the impact of COVID-19 in nursing
   homes, adult care facilities,  and  assisted  living  residences;  and
   providing for the repeal of such provisions upon the expiration there-
   of
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. As used in  this  act,  the  following  terms  shall  be
 defined as follows:
   a.  "Department"  shall  mean the department of health of the state of
 New York;
   b. "Commissioner" shall mean the commissioner of health of  the  state
 of New York;
   c.  "Nursing home" shall have the same meaning as such term is defined
 in subdivision 2 of section 2801 of the public health law;
   d. "Adult care facility" shall have the same  meaning  as  defined  in
 subdivision 21 of section 2 of the social services law;
   e.  "Assisted living residence" shall have the same meaning as defined
 in subdivision 1 of section 4651 of the public health law, as  added  by
 chapter 2 of the laws of 2004;
   f.  "Step-down  facility" shall refer to a COVID-19 only nursing home,
 adult care facility, or assisted living  residence  established  by  the
 department  of health, consistent with executive order 202.81 of 2020 to
 receive medically stable, but  persistently  positive  COVID-19  nursing
 home,  adult  care  facility,  or  assisted  living  residence  eligible
 patients transferred from an article 28  licensed  facility  until  such
 time  the  patient  tests  negative for COVID-19, or is deemed medically
 safe for discharge by a  qualified  licensed  health  care  professional
 under the education law;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14625-03-2
              

 A. 9532                             2
 
   g.  "Direct  care  worker"  shall mean any employee of a nursing home,
 adult care facility, or assisted living residence who is responsible for
 patient handling or patient assessment as a regular or  incidental  part
 of  his  or  her employment, including any licensed or unlicensed health
 care worker; and
   h.  "Hospital"  shall have the same meaning as defined by section 2801
 of the public health law, and shall include any  temporary  health  care
 facility  in  New York state established by the state or federal govern-
 ment in response to the COVID-19 pandemic or any other  pandemic-related
 response.
   2.  The  commissioner shall conduct an investigation of the department
 with respect to such agency's performance, as  well  as  compliance  and
 enforcement of applicable state laws, rules, regulations, and directives
 or  executive  orders issued by the governor pursuant to section 29-a of
 the executive law, including any guidance  or  advisory  issued  by  the
 department with respect to its compliance with United States centers for
 Medicaid  and  Medicare  services  and  centers  for disease control and
 prevention guidance and recommendations, with respect to mitigating  the
 impact of COVID-19 in nursing homes, adult care facilities, and assisted
 living  residences  during  the time period beginning March 1, 2020, and
 ending August 24, 2021. Such investigation shall  include,  but  not  be
 limited to, a review of:
   a.  state  funding  for  nursing  homes,  adult  care  facilities, and
 assisted living residences including, but not limited to,  the  adequacy
 of  state  Medicaid rates and additional state payments for supplemental
 security income benefits, as well as a regional analysis of its distrib-
 ution;
   b. requirements and enforcement of infection  prevention  and  control
 policies,  including those implemented in response to the COVID-19 state
 disaster emergency;
   c. a regional analysis of the availability of qualified staff, with  a
 focus on identifying geographical areas with shortages and how the state
 can increase the number of qualified direct care workers;
   d.  patient care and health outcomes in state run nursing homes, adult
 care facilities, and assisted living residences;
   e. an accounting of resources  following  the  outbreak  of  COVID-19,
 including,  but  not  limited  to, staff, personal protective equipment,
 testing capabilities and COVID-19 vaccines, as well as a regional analy-
 sis of their distribution;
   f. the efficacy of step-down facilities, including the number of resi-
 dents treated at such facilities,  the  locations  of  such  facilities,
 where  residents  were  transferred from prior to entering such facility
 and discharged to upon leaving such  facility,  and  the  potential  for
 growth;
   g.  the  physical  and  mental  health  impact on residents of nursing
 homes, adult care facilities, and  assisted  living  residences  due  to
 isolation and lack of visitation;
   h.  the  impact  the Advisory on Hospital Discharges and Admissions to
 Nursing Homes issued by the New York state Department of Health on March
 25, 2020 had on residents of nursing homes, adult care  facilities,  and
 assisted living residences;
   i.  compliance with the provisions of article 6 of the public officers
 law;
   j. a new audit of COVID-19 cases in nursing homes, adult care  facili-
 ties, and assisted living residences, including, but not limited to:
 A. 9532                             3
 
   (i) the total number of confirmed cases of COVID-19 and deaths result-
 ing  from COVID-19 in nursing homes, adult care facilities, and assisted
 living residences;
   (ii)  the  total number of residents with a confirmed case of COVID-19
 transferred from a nursing home, adult care facility, or assisted living
 residence to a hospital in New York state;
   (iii) the total number of confirmed deaths  of  residents  transferred
 from  a  nursing home, adult care facility, or assisted living residence
 to a hospital resulting from a confirmed case of COVID-19; and
   (iv) the total number of residents with a confirmed case  of  COVID-19
 discharged  from  a  hospital to a nursing home, adult care facility, or
 assisted living residence.
   3. Within ninety days of the effective date of this act,  the  commis-
 sioner  shall  publish the results of such investigation publicly on the
 department's website, along with a  brief  description  of  the  results
 thereof,  as  well as recommendations on areas to improve state pandemic
 preparedness, response and reporting  with  regards  to  nursing  homes,
 adult  care  facilities,  and assisted living residences, and a pandemic
 response action plan for future disease outbreaks, including any  statu-
 tory  changes and budgetary allocations necessary for the implementation
 of such plan, and shall submit a copy to the chairs and ranking minority
 members of the senate finance and health  committees  and  the  assembly
 ways and means and health committees.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 15, 2024.