S T A T E   O F   N E W   Y O R K
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                                  1784--A
     Cal. No. 352
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  BIAGGI,  MAY,  RIVERA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health  --  reported  favorably  from said committee, ordered to first
   report, amended on first  report,  ordered  to  a  second  report  and
   ordered reprinted, retaining its place in the order of second report
 
 AN  ACT to amend the social services law, in relation to requiring adult
   care facilities to include quality improvement committees and  include
   a  focus  on  infection  control in such facilities' quality assurance
   plans
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of  subdivision 2 of section 461-a of the
 social services law, as amended by chapter 735 of the laws of  1994,  is
 amended to read as follows:
   (c)  An inspection report shall be made of each inspection which shall
 clearly identify and indicate in detail each area of operation,  includ-
 ing,  but  not  limited to, the premises, equipment, personnel, resident
 care and services, and whether each such area of operation or any of its
 component parts is or is not in compliance with the regulations  of  the
 department and all other applicable requirements. It also shall identify
 those  areas  of  operation  or  any of its component parts found not in
 compliance as a result of failure in systemic practices and  procedures.
 The  operator  shall  be  notified of the results of the inspection in a
 manner to be determined by regulations of the department. Such notifica-
 tion shall contain directions as may be appropriate as to the manner and
 time in which compliance with applicable requirements of  law  or  regu-
 lations  of the department shall be effected.  The department shall also
 require the operator of an adult home or residence for adults to  devel-
 op,  biannually  update and implement plans for quality assurance activ-
 ities for each area of operation. Quality assurance  activities  include
 but are not limited to, development and maintenance of performance stan-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02902-04-1

 S. 1784--A                          2
 
 dards  INCLUDING  INFECTION  CONTROL,  measurement  of adherence to such
 standards and to applicable state and local laws and regulations,  iden-
 tification  of  performance  failures,  design,  and  implementation  of
 corrective action.  EACH PLAN MUST ALSO INCLUDE THE CREATION OF A QUALI-
 TY  IMPROVEMENT  COMMITTEE THAT IS CHARGED WITH MEETING PERIODICALLY, AT
 LEAST ONCE EVERY SIX MONTHS, TO REVIEW SUMMARY FINDINGS FROM  MONITORING
 IMPLEMENTATION  OF  THE FACILITY'S PLAN, EVALUATING THE EFFECTIVENESS OF
 CORRECTIVE ACTION  POLICIES,  AND  IDENTIFYING  TRENDS  AND  IMPROVEMENT
 ACTIVITIES.  WHILE  REVIEWING  FACILITY PERFORMANCE, THE COMMITTEE SHALL
 NOT EXAMINE PERSONALLY IDENTIFIABLE RESIDENT INCIDENTS.  SUCH  COMMITTEE
 SHALL  INCLUDE  THE ADMINISTRATOR OR OPERATOR OF THE FACILITY, THE RESI-
 DENT COUNCIL PRESIDENT OR OTHER RESIDENT REPRESENTATIVE,  AND  REPRESEN-
 TATIVES FROM FRONTLINE EMPLOYEES FROM EACH AREA OF OPERATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.