Relates to comprehensive emergency management provisions for homecare and hospice in counties and in cities with a population of one million or more

5 Co-sponsors

• Thomas Croci
• Patrick M. Gallivan
• Kemp Hannon
• Roxanne J. Persaud
• Toby Ann Stavisky

Title of bill

An act to amend the executive law, in relation to provisions for homecare and hospice in comprehensive emergency management plans

Purpose or general idea of bill

The purpose of this bill is to provide that additional information is a part of comprehensive management plans for counties and cities with a population of one million or more when preparing a comprehensive emergency management plan, which would include provisions for home health care and hospice personnel during local declared emergencies.

Summary of specific provisions

Section 1 provides for all cities with a population of one million or more to prepare a comprehensive emergency management plan.

Section 2 states that the preparation of such plans be coordinated with the advice, and assistance from organizations that provide home health care services and organizations that provide hospice services, in addition to the other entities already provided for by law.

Section 3 would establish procedures for allowing access by physicians, nurses, other medical professionals, personnel of certified home health agencies, long term home health care programs or licensed home care services agencies, personnel of hospices or any other personnel deemed necessary to provide vital health care to individuals in their care. Procedures shall also require how such personnel will be identified in order to gain access to restricted areas in declared emergencies. Such procedures shall ensure that access can also be denied by local emergency management officials subject to their discretion when conditions necessitate such a denial.

Section 4 would require each county and each city with a population of one million or more to revise such plans in the event such revisions are needed to comply with the provisions of this act. Such revised plans would also be required to be submitted to the division of homeland security and emergency services.

Section 5 provides for an immediate effective date.

Effects of present law which this bill would alter

Currently, the executive law permits counties, cities, towns, and villages to adopt local comprehensive emergency management plans. This bill would establish procedures in counties and all cities with a population of one million or more to prepare such plans.

In addition, this bill would clarify that personnel providing home health care services and hospice services should be consulted in the preparation of such plans and that such plans include provisions for such personnel in allowing access to restricted areas in a declared emergency when deemed appropriate by local emergency management officials.

Justification

By enacting this legislation, New York State would help to ensure that access to restricted areas in a declared emergency for home health and hospice personnel is adequately addressed during local emergencies. Access to patients in restricted zones was a major problem for home care and hospice staff in responding to Hurricane Sandy as well as other emergency situations, and this bill seeks to prevent such situations in the future. PRIOR LEGISLATIVE HISTORY :

2015: S125-B/S.3482-B - Vetoed memo 205; 2014: A.6530- B /S.4719-B -Vetoed memo 536; 2013: A.6530-B - referred to governmental operations

Fiscal implications

None.

Effective date

This act shall take effect immediately.