S T A T E O F N E W Y O R K
________________________________________________________________________
5922
2021-2022 Regular Sessions
I N S E N A T E
March 23, 2021
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Introduced by Sens. MARTUCCI, PALUMBO, AKSHAR, BORRELLO, BOYLE, HELMING,
JORDAN, MATTERA, OBERACKER, ORTT, RITCHIE, TEDISCO, WEIK -- read twice
and ordered printed, and when printed to be committed to the Committee
on 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