Assembly Bill A7085A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7085--A
                                                         Cal. No. 198
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, GIBBS, ZINERMAN, SEPTIMO -- read once and
   referred  to  the  Committee  on Health -- ordered to a third reading,
   amended and ordered reprinted, retaining its place  on  the  order  of
   third reading

 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) UPON THE DECLARATION
 BY THE GOVERNOR OF A DISASTER EMERGENCY PURSUANT TO SECTION TWENTY-EIGHT
 OF  THE  EXECUTIVE  LAW THAT A DISASTER HAS OCCURRED OR MAY BE IMMINENT,
 AND THAT SUCH DISASTER MAY RESULT IN EXCESS MORTALITY THAT  COULD  OVER-
 WHELM  THE  CAPACITY  OF A FACILITY TO MEET THE DEMAND FOR ITS SERVICES,
 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  APPROPRIATE  PARTIES FOR PURPOSES OF AUTOPSY OR
 DISPOSITION.  FOR THE PURPOSES OF THIS SECTION, "EXCESS MORTALITY" MEANS
 A SUDDEN AND SHARP INCREASE IN THE  NUMBER  OF  DEATHS  BEYOND  WHAT  IS
 EXPECTED BASED ON RECENT MORTALITY TRENDS.
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06896-03-4
              

 A. 7085--A                          2
 
   (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:
   (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 the provisions of this act on or before such effective date.