Walsh, Santabarbara, Buttenschon, Ra, Miller ML, Stec, Tague, Seawright, Palmesano
MLTSPNSR
Establishes a temporary state commission to study and investigate the effects of the COVID-19 pandemic response on deaths in nursing homes; and providing for the repeal of such provisions upon expiration thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10857
SPONSOR: Rules (Kim) TITLE OF BILL:
An act establishing a temporary state commission to study and investi-
gate the effects of the COVID-19 pandemic response on deaths in nursing
homes; and providing for the repeal of such provisions upon expiration
thereof
PURPOSE OR GENERAL IDEA OF THE BILL:
To establish an independent, bi-partisan state commission to fully
investigate the deaths of 6,200 New Yorkers who died from COVID-19 in
state regulated nursing homes.
SUMMARY OF SPECIFIC PROVISIONS:
1. Merely defines terms as used in this act.
2. Commission on long-term care facilities. Items a-i explain the compo-
sition, charge, and powers of the commission.
§ 3. The commission shall make a report of its findings and recommenda-
tions and shall submit such report, including any recommendations for
legislative action as it may deem necessary and appropriate, to the
governor, the temporary president of the senate, the speaker of the
assembly, the minority leader of the senate and the minority leader of
the assembly, and all members of each house of the New York state legis-
lature one year after the first meeting of the commission.
JUSTIFICATION:
Following the deaths of 6,200 New Yorkers who died from COVID-19 in
state-regulated nursing homes, this legislation calls for an independ-
ent, bipartisan state commission to fully investigate pandemic policy
and response.
This bi-partisan Commission would consist of five members: one each
appointed by the Senate Majority Leader, Senate Minority Leader, Assem-
bly Speaker and Assembly Minority Leader, and chaired by an appointee of
the New York State Attorney General. The Commission would be funded
through the existing state budget for investigators and have subpoena
power. A report to the Legislature of findings and recommendations for
the future would be issued by November 30th. This legislation will
remove the politics of getting to the bottom of this terrible tragedy
because this investigation would be overseen by bi-partisan appointees
from both houses of the legislature. Furthermore, each appointee will
possess a background in health care and/or health policy.
LEGISLATIVE HISTORY:
New Legislation.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately and shall continue in full force
and effect until one year after the report and recommendations of the
commission on the novel coronavirus pandemic response in nursing home
facilities is delivered to the governor and the legislature when upon
such date the provisions of this act shall be deemed repealed; provided
that the attorney general shall notify the legislative bill drafting
commission upon the occurrence of the delivery of the report provided
for in section three of this act in order that the commission may main-
tain an accurate and timely effective data base of the official text of
the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.
