S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6012
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2021
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT relating to an audit of state  agency  response  to  COVID-19  in
   nursing  homes, adult care facilities, and assisted living residences;
   and providing for the repeal of such provisions  upon  the  expiration
   thereof

   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.  "Nursing home" shall have the same meaning as such term is defined
 in subdivision two of section twenty-eight hundred  one  of  the  public
 health law.
   b.  "Adult  care  facility"  shall have the same meaning as defined in
 subdivision twenty-one of section two of the social services law.
   c. "Assisted living residence" shall have the same meaning as  defined
 in  subdivision one of section forty-six hundred fifty-one of the public
 health law, as added by chapter 2 of the laws of 2004.
   d. "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 a facility licensed under article twenty-eight
 of  the public health law 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.
   e.  "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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10637-01-1
              

 S. 6012                             2
 
 of  his  or  her employment, including any licensed or unlicensed health
 care worker.
    2.  The state comptroller shall conduct an audit of the department of
 health, as well as any other agency or  the  executive  chamber  as  the
 comptroller  deems necessary, 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 such agency  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.  Such  audit 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;
   b. current 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;
   f. the efficacy of step-down facilities, including the number of indi-
 viduals treated at such facilities, the locations  of  such  facilities,
 where  individuals 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; and
   h.  compliance  with the provisions of article six of the public offi-
 cers law.
   3. The comptroller may request proposals from independent auditors for
 the purpose of fulfilling the provisions of this section.  The  requests
 for  proposals  shall include a reference to the requirements for audits
 conducted pursuant to this section. Any independent auditor selected  by
 the  comptroller  shall  be  selected  in  accordance with a competitive
 procedure including an evaluation, based on quality and  price  factors,
 of those proposals received in response to such requests for proposals.
   4.  Within one year of the effective date of this act, the comptroller
 shall publish the results of the audit required under subdivision two of
 this section publicly on the comptroller's website, along with  a  brief
 description  of  the  results  thereof,  and  shall submit a copy to the
 chairs and ranking minority members of the senate finance committee  and
 the assembly ways and means committee.
   §  2.  This act shall take effect immediately and expire and be deemed
 repealed January 15, 2023.