NY State Senate Bill S7726

Archive: Last Bill Status - Signed by Governor

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2022	signed chap.152 delivered to governor
Mar 10, 2022	returned to senate passed assembly
Feb 07, 2022	ordered to third reading cal.370 substituted for a8775
Jan 19, 2022	referred to health delivered to assembly passed senate
Jan 10, 2022	ordered to third reading cal.54
Jan 07, 2022	referred to rules

Votes

view votes

Jan 19, 2022 - floor Vote

S7726

floor

Aye

Nay

Absent

Excused

Abstained

Jan 18, 2022 - Rules committee Vote

S7726

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 10, 2022 - Rules committee Vote

S7726

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S7726 (ACTIVE) - Details

See Assembly Version of this Bill:: A8775
Law Section:: Public Health Law
Laws Affected:: Amd §2803-aa, Pub Health L (as proposed in S.1783-A & A.6057-A)

S7726 (ACTIVE) - Summary

Directs the commissioner of health to establish and implement an infection inspection control audit and checklist on nursing homes; provides civil penalties for nursing homes who violate infection control standards.

S7726 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7726

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public health law, in relation to directing the
department of health to establish and implement an infection inspection
audit and checklist on nursing homes

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2021,
c.768.

 
SUMMARY OF PROVISIONS:

The underlying chapter directs the Department of Health (DOH) Commis-
sioner to establish and implement infection inspection audits on nursing
homes. This chapter amendment changes the audit's start date to December
1, 2022. It changes the audit structure to conform to infection control
standards issued by the Centers for Medicare and Medicaid Services
(CMS). It clarifies that nursing homes must meet all CMS metrics to be

considered in compliance. It eliminates the proficiency score percent-
ages but adds reassessment audits to assess compliance. It allows DOH to
pursue civil and administrative penalties for noncompliance. It adds
cohorting requirements to the infection control plan. Finally, it
enables several nursing home members to share the responsibility of
ensuring personal protective equipment (PPE) compliance and eliminates
the requirements for a PPE designee in every shift to assess compliance.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter to
ensure successful implementation of the law, including changes to ensure
consistency with federal standards and additional time to meet opera-
tional demands on DOH.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 768 of the Laws of 2021. S.1783-A and
A.6057-A both passed the Senate and Assembly in February and June 2021,
respectively.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2021 amending the public health law relating to
directing the department of health to establish and implement an
infection inspection audit and checklist on nursing homes, as proposed
in legislative bills numbers S.1783-A and A.6057-A, takes effect.

S7726 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7726
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law,  in  relation  to  directing  the
   department   of   health  to  establish  and  implement  an  infection
   inspection audit and checklist on nursing homes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivisions 1 and 2 and the opening paragraph and subpar-
 agraphs  (iv)  and  (vii)  of  paragraph (a) of subdivision 3 of section
 2803-aa of the public health law, as added by a chapter of the  laws  of
 2021 amending the public health law relating to directing the department
 of  health  to  establish  and implement an infection inspection control
 audit and checklist on nursing homes, as proposed in  legislative  bills
 numbers S.  1783-A and A. 6057-A, are amended to read as follows:
   1.  The  commissioner  shall establish in the department a program for
 audits of nursing homes to measure specific core  competencies  relating
 to infection control of each nursing home.  The audits shall commence on
 [October] DECEMBER 1, [2021] 2022, and shall be conducted annually ther-
 eafter.
   2.  (a)  The  audit  shall utilize a checklist THAT IS CONSISTENT WITH
 FOCUSED INFECTION CONTROL SURVEY STANDARDS ISSUED BY THE FEDERAL CENTERS
 FOR MEDICARE AND MEDICAID SERVICES to evaluate infection control  compe-
 tency of each nursing home.
   (b) A nursing home [meeting at least eighty-five percent of the crite-
 ria  on  the  checklist  shall]  MUST  MEET ALL METRICS ON THE CHECKLIST
 DEVELOPED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION TO be scored  as
 ["proficient"] in COMPLIANCE WITH infection control [competency].
   (c)  If  a  nursing  home [meets between sixty percent and eighty-four
 percent of the required criteria within the checklist, the nursing  home
 will be scored as "proficiency pending reinspection."  Such nursing home
 will  be  audited by the department at least once before the next annual
 inspection] FAILS TO MEET ALL METRICS ON THE CHECKLIST DEVELOPED  PURSU-
 ANT  TO  PARAGRAPH (A) OF THIS SUBDIVISION, THE DEPARTMENT SHALL CONDUCT
 ANOTHER INFECTION CONTROL AUDIT WITHIN NINETY DAYS OF THE INITIAL DETER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02904-08-2
 S. 7726                             2
 
 MINATION. THE DEPARTMENT SHALL  CONTINUE  TO  CONDUCT  SUCH  NINETY  DAY
 AUDITS  UNTIL THE NURSING HOME IS SCORED AS IN COMPLIANCE WITH INFECTION
 CONTROL COMPETENCY. THE DEPARTMENT MAY ALSO PURSUE ADMINISTRATIVE PENAL-
 TIES,  INCLUDING  BUT NOT LIMITED TO CITATION FOR VIOLATION OF INFECTION
 CONTROL STANDARDS AND IMPOSING  CIVIL  MONETARY  PENALTIES  PURSUANT  TO
 SECTION TWELVE OF THIS CHAPTER.
   [(d) A nursing home that meets less than sixty percent of the criteria
 within the checklist, or fails a proficiency pending reinspection, shall
 be scored as "not proficient".
   Facilities  scored as "not proficient" shall continue to be audited at
 monthly intervals  until  such  facilities  meet  at  least  eighty-five
 percent of the criteria within the checklist.]
   An  audit  of  core competencies shall include, but not be limited to,
 the following, and shall be consistent with [applicable  federal,  state
 and  local guidelines and requirements] FOCUSED INFECTION CONTROL SURVEY
 STANDARDS ISSUED BY  THE  FEDERAL  CENTERS  FOR  MEDICARE  AND  MEDICAID
 SERVICES:
   (iv)  The  nursing  home  shall  have a staffing AND COHORTING plan to
 limit transmission [that shall] , WHICH IS BASED ON NATIONAL (FOR  EXAM-
 PLE,  CENTERS  OF  DISEASE CONTROL AND CENTERS FOR MEDICARE AND MEDICAID
 SERVICES), STATE OR LOCAL PUBLIC HEALTH AUTHORITY RECOMMENDATIONS.  SUCH
 STAFFING AND COHORTING PLAN MAY include, but not be limited to:
   (A)  [Dedicated]  HAVING  DEDICATED,  consistent  staffing  teams  who
 directly interact with residents that are confirmed or suspected  to  be
 infected with a contagious or infectious disease; [and]
   (B) Limiting clinical and other staff who have direct resident contact
 to specific areas of the facility[. There shall be no rotation of staff]
 AND  NOT ROTATING STAFF between various areas of the facility during the
 period they are working each day during periods of recognized outbreaks;
 AND
   (C) HAVING A DEDICATED SPACE IN THE FACILITY FOR COHORTING AND  MANAG-
 ING CARE FOR RESIDENTS WITH AN INFECTIOUS DISEASE, SUCH AS COVID-19.
   (vii) The nursing home must designate a staff member [for every shift]
 OR  MEMBERS  who  is responsible for ensuring the proper use of personal
 protective equipment by all staff.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a chapter of the laws of 2021 amending the public health law
 relating to directing the department of health to establish  and  imple-
 ment  an  infection  inspection audit and checklist on nursing homes, as
 proposed in legislative bills numbers S. 1783-A  and  A.  6057-A,  takes
 effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S7726

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 19, 2022 - floor Vote

Floor Vote: Jan 19, 2022

Jan 18, 2022 - Rules committee Vote

Rules Committee Vote: Jan 18, 2022

Jan 10, 2022 - Rules committee Vote

Rules Committee Vote: Jan 10, 2022

S7726 (ACTIVE) - Details

S7726 (ACTIVE) - Summary

S7726 (ACTIVE) - Sponsor Memo

S7726 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7726

Share this bill

Sponsored By

James Skoufis

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 19, 2022 - floor Vote

Floor Vote: Jan 19, 2022

Jan 18, 2022 - Rules committee Vote

Rules Committee Vote: Jan 18, 2022

Jan 10, 2022 - Rules committee Vote

Rules Committee Vote: Jan 10, 2022

S7726 (ACTIVE) - Details

S7726 (ACTIVE) - Summary

S7726 (ACTIVE) - Sponsor Memo

S7726 (ACTIVE) - Bill Text download pdf

Comments