What's happening
This bill requires residential health care facilities in New York to prepare and publicly share annual pandemic emergency plans, including communication and infection control protocols.
Why it matters
Improves transparency and accountability. By requiring facilities to publicly post their pandemic emergency plans and communicate infection data regularly, families and the public can better assess how facilities are managing infectious outbreaks.
Strengthens resident and family communications. Mandates daily communication options (like free videoconferencing) for residents with their families, and daily/weekly updates on infections and deaths, reducing isolation and keeping families informed.
Bolsters infection control preparedness. Facilities must maintain a minimum two-month supply of personal protective equipment (PPE) and have specific plans for infection prevention, which could help prevent future shortages and improve safety for residents and staff.
Establishes stronger oversight and enforcement. The law creates penalties for noncompliance, requires corrective action plans, and tasks the health commissioner with ongoing review, aiming to ensure facilities actually implement and follow through on their pandemic plans.
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Who cares
Headline styles
Require Nursing Home Pandemic Plans
Plain English, a few words. Used as the page title.
Sponsors
History
- Signed chap.114
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.37
- Substituted for A10394A
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–1
- Ordered to third reading cal.655
- Reported and committed to rules
- Print number 8289b
Show 4 earlier actions
- Amend (t) and recommit to health
- Print number 8289a
- Amend and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Annual Pandemic Plans for Nursing Homes
Assembly Floor Calendar · Sponsor Joseph Lentol
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8289--B
IN SENATE
May 6, 2020
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to requiring residential health care facilities to prepare an annual pandemic emergency plan
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2803 of the public health law is amended by adding a new subdivision 12 to read as follows:
12. (a) Each residential health care facility shall, no later than ninety days after the effective date of this subdivision and annually thereafter, or more frequently as may be directed by the commissioner, prepare and make available to the public on the facility's website, and immediately upon request, in a form acceptable to the commissioner, a pandemic emergency plan which shall include but not be limited to:
(i) a communication plan:
(A) to update authorized family members and guardians of infected residents at least once per day and upon a change in a resident's condition and at least once a week to update all residents and authorized families and guardians on the number of infections and deaths at the facility, by electronic or such other means as may be selected by each authorized family member or guardian; and
(B) that includes a method to provide all residents with daily access, at no cost, to remote videoconference or equivalent communication methods with family members and guardians; and
(ii) protection plans against infection for staff, residents and families, including:
(A) a plan for hospitalized residents to be readmitted to such residential health care facility after treatment, in accordance with all applicable laws and regulations; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16260-08-0
S. 8289--B 2
(B) a plan for such residential health care facility to maintain or contract to have at least a two-month supply of personal protective equipment; and
(iii) a plan for preserving a resident's place in a residential health care facility if such resident is hospitalized, in accordance with all applicable laws and regulations.
(b) The residential health care facility shall prepare and comply with the pandemic emergency plan. Failure to do so shall be a violation of this subdivision and may be subject to civil penalties pursuant to section twelve and twelve-b of this chapter. The commissioner shall review each residential health care facility for compliance with its plan and the applicable regulations in accordance with paragraphs (a) and (b) of subdivision one of this section.
(c) Within thirty days after the residential health care facility's receipt of written notice of noncompliance such residential health care facility shall submit a plan of correction in such form and manner as specified by the commissioner for achieving compliance with its plan and with the applicable regulations. The commissioner shall ensure each such residential health care facility complies with its plan of correction and the applicable regulations.
(d) The commissioner shall promulgate any rules and regulations necessary to implement the provisions of this subdivision.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to requiring residen- tial health care facilities to prepare an annual pandemic emergency plan
Purpose or general idea of bill
This legislation requires residential health care facilities to prepare an annual pandemic emergency plan.
Summary of provisions
Section l.Section 2803 of the public health law is amended by adding a new subdivision to require residential health care facilities to create a pandemic emergency plan within 90 days of the effective date of the bill, and annually thereafter and post the plan on its website and make it available to the public upon request. Such plan must include (i) a communication plan to update authorized families and guardians of infected residents once per day on resident's condition (or more frequently if the condition changes) and to update families and guardi- ans of other residents at least once per week as well as a method to provide all residents with daily access to remove videoconferencing; (ii) protection plans against infection for staff, residents and fami- lies, including (A) a plan for hospitalized residents to be readmitted to the facility after treatment; (B) a plan for the facility contract to have access to at a least two-month supply of personal protective equip- ment; and, (iii) a plan for preserving a resident's place in the facili- ty if such resident is hospitalized.
The commissioner is required to review each plan for compliance with their plans and applicable regulations. Facilities are required to submit a plan of correction after receiving a notice of noncompliance within 30 days. The commissioner shall ensure that each facility complies with its plan.
If a facility fails to prepare its plan, or comply with its plan, the facility will be subject to civil penalties.
Section 2.Provides that this act shall take effect immediately.
Justification
Given the congregate nature and resident population typically served in residential health care facilities, older adults often with underling health conditions, it is crucial that such facilities have a comprehen- sive and actionable plan in place in advance of public health emergen- cies, such as the novel coronavirus COVID-19 pandemic, in order to protect high-risk residents, healthcare personnel and visitors from infection, hospitalization and death.
This legislation requires residential health care facilities to prepare a pandemic emergency plan and make it available on their website, which includes plans for (1) communicating with family regarding resident status; (2) protecting residents, staff and visitors from infection; (3) preserving a resident's place in the facility if he/she is hospitalized; and, (4) ensuring that the facility maintains or has access to at least a two-month supply of personal protective equipment. Facilities found to be in violation of these requirements may be subject to civil penalties.
Given the rapid spread of the novel coronavirus COVID-19 in residential health care facilities across the country, immediate steps must be taken to ensure that these facilities are fully prepared to immediately respond to public health emergencies in the future.
Prior legislative history
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:;
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.