S T A T E O F N E W Y O R K
________________________________________________________________________
1105
2023-2024 Regular Sessions
I N A S S E M B L Y
January 13, 2023
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring hospi-
tals and medical facilities to notify nursing homes or assisted living
facilities upon receipt of a positive COVID-19 test result for a resi-
dent of such nursing home or assisted living facility and providing
penalties for violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2184 to read as follows:
§ 2184. NURSING HOME NOTIFICATION UPON RECEIPT OF POSITIVE TEST. 1.
WHEN MEDICALLY INDICATED, UPON THE ADMISSION TO A HOSPITAL OR MEDICAL
FACILITY OF A PATIENT WHO IS A RESIDENT OF A NURSING HOME OR ASSISTED
LIVING FACILITY, SUCH PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE
SHALL BE PROVIDED WITH A CONSENT FORM THAT EXPLICITLY AUTHORIZES THE
HOSPITAL OR MEDICAL FACILITY TO INFORM THE PATIENT'S NURSING HOME OR
ASSISTED LIVING FACILITY OF THE RECEIPT OF A POSITIVE RESULT FOR A
COVID-19 TEST PRIOR TO THE PATIENT BEING DISCHARGED FROM THE HOSPITAL OR
MEDICAL FACILITY.
2. A HOSPITAL OR MEDICAL FACILITY THAT RECEIVES A PATIENT'S POSITIVE
COVID-19 TEST RESULT SHALL INFORM THE PATIENT'S NURSING HOME OR ASSISTED
LIVING FACILITY OF THE RESULT PRIOR TO THE PATIENT BEING DISCHARGED FROM
THE HOSPITAL OR MEDICAL FACILITY.
3. A HOSPITAL OR MEDICAL FACILITY THAT FAILS TO GIVE NOTIFICATION AS
REQUIRED BY THIS SECTION SHALL BE SUBJECT TO A CIVIL FINE OF ONE THOU-
SAND DOLLARS FOR EACH DAY OR PART THEREOF THAT NOTIFICATION IS NOT
GIVEN. ALL FINES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE
COLLECTED BY THE DEPARTMENT AND SHALL BE DEPOSITED BY THE COMMISSIONER
AND CREDITED TO THE DISEASE MANAGEMENT ACCOUNT ESTABLISHED BY THE COMP-
TROLLER IN THE SPECIAL REVENUE-OTHER FUND.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03164-01-3
A. 1105 2
4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS NECESSARY TO
IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH REGULATIONS SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(A) GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT
FROM PATIENTS; AND
(B) GUIDELINES AND PROCEDURES FOR THE REPORTING OF A PATIENT'S POSI-
TIVE COVID-19 RESULTS TO A NURSING HOME OR ASSISTED LIVING FACILITY AND
FOR MAINTAINING THE CONFIDENTIALITY OF SUCH RESULTS.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such date.