S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5045
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2025
                                ___________
 
 Introduced  by  M. of A. JACOBSON, DINOWITZ, TAYLOR, SEAWRIGHT, BRONSON,
   HAWLEY, EACHUS -- read once and referred to the Committee 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.
                                                            LBD03976-01-5
              

 A. 5045                             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.