S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7085
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT to amend the public health law, in relation to requiring nursing
   homes to designate dedicated storage spaces for  the  storage  of  the
   bodies of deceased persons
 
   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
 2810-a to read as follows:
   §  2810-A.  NURSING  HOME SPECIAL PROVISIONS. 1. (A) EACH NURSING HOME
 SHALL DEVELOP AND SUBMIT TO THE DEPARTMENT A PLAN DESIGNATING A LOCATION
 FOR TEMPORARY ON-SITE STORAGE OF BODIES OF DECEASED PERSONS WHO  DIE  AT
 SUCH NURSING HOME UNTIL THOSE BODIES CAN BE SAFELY TRANSFERRED TO APPRO-
 PRIATE PARTIES FOR PURPOSES OF AUTOPSY OR DISPOSITION.
   (B) SUCH PLAN SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I)  THE  DESIGNATION  OF A DEDICATED STORAGE SPACE. IF A NURSING HOME
 DOES NOT CURRENTLY HAVE AN APPROPRIATE SPACE MEETING THE REQUIREMENTS OF
 PARAGRAPH (C) OF THIS SUBDIVISION, THE PLAN SHALL INDICATE HOW THE NURS-
 ING  HOME  WILL  SATISFY  THESE  REQUIREMENTS  INCLUDING   THROUGH   NEW
 CONSTRUCTION OR MODIFICATION OF EXISTING SPACES OR UTILIZATION OF MOBILE
 STORAGE SPACES PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION;
   (II)  IDENTIFICATION  OF  THE  MAXIMUM  NUMBER  OF  BODIES OF DECEASED
 PERSONS THAT CAN BE SAFELY STORED WITHIN THE  DEDICATED  STORAGE  SPACE;
 AND
   (III) A DESCRIPTION OF THE MEANS BY WHICH THE NURSING HOME WILL ENSURE
 THAT  BODIES OF DECEASED PERSONS ARE HANDLED, STORED, AND TRANSFERRED IN
 A SAFE AND SANITARY MANNER, INCLUDING PROPER IDENTIFICATION AND MINIMIZ-
 ING THE PERIOD OF TIME FOR WHICH EACH BODY  IS  KEPT  IN  THE  DEDICATED
 STORAGE SPACE BEFORE TRANSFER TO OTHER APPROPRIATE PARTIES.
   (C) A DEDICATED STORAGE SPACE DESIGNATED FOR PURPOSES OF THIS SUBDIVI-
 SION SHALL BE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06896-01-3
              

 A. 7085                             2
 
   (I)  LOCATED  ON OR IMMEDIATELY ADJACENT TO THE GROUNDS OF THE NURSING
 HOME;
   (II)  ISOLATED TO THE GREATEST EXTENT PRACTICABLE FROM PUBLIC VIEW AND
 PATIENT OR RESIDENT LIVING AND COMMON AREAS, INCLUDING PREVENTING ACCESS
 BY PERSONS OTHER THAN THOSE DIRECTLY INVOLVED IN STORAGE OR TRANSPORT OF
 BODIES OF DECEASED PERSONS;
   (III) SUFFICIENTLY REFRIGERATED FOR  PURPOSES  OF  STORING  BODIES  OF
 DECEASED PERSONS; AND
   (IV)  OF  SUFFICIENT  SIZE AND SUITABLE CONSTRUCTION TO ENSURE LAWFUL,
 SAFE, AND  APPROPRIATE  HANDLING  AND  STORAGE  OF  BODIES  OF  DECEASED
 PERSONS.
   (D)  IF  A  NURSING  HOME CANNOT MEET THE REQUIREMENTS SPECIFIED UNDER
 PARAGRAPH (C) OF THIS SUBDIVISION THROUGH CONSTRUCTION  OR  MODIFICATION
 OF  EXISTING SPACES, SUCH NURSING HOME MAY DESIGNATE AND CONTRACT WITH A
 THIRD PARTY TO PROVIDE MOBILE STORAGE SPACES, PROVIDED THAT SUCH  MOBILE
 STORAGE  SPACES  MEET  THE REQUIREMENTS SPECIFIED UNDER PARAGRAPH (C) OF
 THIS SUBDIVISION.
   (E) A STORAGE SPACE DESIGNATED AS A STORAGE SPACE FOR  THE  BODIES  OF
 DECEASED  PERSONS  PURSUANT  TO  THIS  SUBDIVISION SHALL NOT BE DEEMED A
 PUBLIC MORGUE AND SHALL NOT BE REQUIRED TO STORE THE BODIES OF  DECEASED
 PERSONS WHO ARE NOT PATIENTS OR RESIDENTS OF THE NURSING HOME.
   (F)  IN ADDITION TO ANY OTHER RECORDS REQUIRED BY LAW OR REGULATION, A
 NURSING HOME SHALL MAINTAIN COMPLETE AND ACCURATE  RECORDS  RELATING  TO
 STORAGE  AND TRANSFER OF BODIES OF DECEASED PERSONS FOR A PERIOD OF FIVE
 YEARS, INCLUDING:
   (I) DEATH CERTIFICATES OR OTHER DOCUMENTATION OF DECLARED DATE,  TIME,
 AND  TO  THE  EXTENT  KNOWN  CAUSE  OF DEATH FOR EACH BODY OF A DECEASED
 PERSON STORED IN THE DEDICATED STORAGE SPACE;
   (II) DOCUMENTATION SHOWING DATE AND TIME OF TRANSFERS FROM  THE  DEDI-
 CATED  STORAGE  SPACE TO ANOTHER APPROPRIATE PARTY INCLUDING IDENTIFICA-
 TION OF INDIVIDUALS OR ENTITIES WHO PROVIDED TRANSPORT SERVICES;
   (III) COPIES OF ANY PERMITS OR CONTRACTS RELATING TO TRANSFER OF  EACH
 BODY  OF  A  DECEASED PERSON INCLUDING ANY CONTRACTS BETWEEN THE NURSING
 HOME AND A PROVIDER OF MOBILE STORAGE SPACES UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION.
   (G) THE DEPARTMENT IS AUTHORIZED TO INSPECT, AT ANY TIME  AND  WITHOUT
 PRIOR NOTICE, ANY DEDICATED STORAGE SPACE AUTHORIZED UNDER THIS SUBDIVI-
 SION.
   (H) THE COMMISSIONER SHALL MAKE REGULATIONS UNDER THIS SECTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the commissioner of health may
 make regulations and take other actions reasonably necessary  to  imple-
 ment this act on that date.