What's happening
This bill requires New York nursing homes to create plans and designate spaces for temporary storage of deceased bodies during disaster emergencies.
Why it matters
Aims to prevent crises witnessed during events like the COVID-19 pandemic. by ensuring nursing homes have clear, actionable plans in place for respectfully and safely handling excess deaths, protecting dignity for residents and easing logistical burdens on families and staff.
Mandates specific, practical requirements. (such as refrigeration, isolation from living areas, and limited access) for storage spaces, thereby improving infection control, privacy, and compliance with health standards during disaster emergencies.
Requires thorough documentation and enables state oversight. through record-keeping and unannounced inspections, increasing accountability and transparency around how deceased residents are managed in emergencies.
Allows for flexibility in meeting requirements. by permitting use of mobile storage units and third-party contracts, which can help nursing homes adapt quickly and avoid costly, permanent construction if not feasible.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require Body Storage in Nursing Homes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
1 Co-sponsor
History
- Substituted by A1365A
- Ordered to third reading cal.1517
- Committee discharged and committed to rules
- Reported and committed to finance
- Print number 15a
- 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.
Require Body Storage in Nursing Homes
Vetoed · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
15--A
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. SKOUFIS, COMRIE -- 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
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 Assembly, 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 may result in excess mortality that could overwhelm 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 nursing 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.
LBD00055-03-5
(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 minimizing 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 subdivision 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 dedicated storage space to another appropriate party including identification 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 subdivision.
(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 implement the provisions of this act on or before such effective date.
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 nursing homes to designate dedicated storage spaces for the storage of the bodies of deceased persons
Purpose
To require nursing homes to designate dedicated storage spaces for the bodies of deceased residents upon the declaration by the Governor of a disaster emergency.
Summary of provisions
Section 1: Adds a new Public Health Law section 2810-a stating that 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 overwhelm the capacity of a facility to meet the demand for its services, every nursing home must submit to the Department of Health (DOH) a plan designating a location for temporary on-site storage of bodies of deceased residents who die at the nursing home until those bodies can be safely transferred to appropriate parties. The bill spells out requirements and options for storage spaces, including on-site and use of contracted mobile facilities; recordkeeping requirements; and DOH approval, regulatory, oversight, and inspection authority of storage spaces.
Section 2: Sets effective date
Justification
The COVID-19 pandemic highlighted significant challenges in how nursing homes manage the remains of deceased residents. The absence of appropri- ate on-site storage facilities placed undue strain on all parties involved in the final disposition process, including funeral homes, which faced overwhelming demand for their services. The urgent need to remove deceased individuals often proved logistically impractical and conflicted with the shared goal of handling such situations with digni- ty, sensitivity, and care. Unlike hospitals, nursing homes are not equipped with morgues, leaving them ill-prepared to address surges in mortality during crises. To address this gap, this bill mandates nursing homes designate and maintain a dedicated space functional as a temporary holding area for deceased residents during declared states of emergency. This requirement ensures a more dignified and efficient process for managing remains, aligning with the expectations of families, funeral directors, and nursing home staff.
Legislative history
Senate
2021: N/A
2022: S8159, Referred to Health
2023: S3572A, Referred to Health
2024: S3572A, Amend and Recommit to Health
Assembly
2021: A8466, Referred to Health
2022: A8466, Referred to Health
2023: A7085A, Passed Assembly
2024: A7085A, Amended on Third Reading 7085a
Fiscal implications
None to the State or Local Governments.
Effective date
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 implement the provisions of this act on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.