Relates to requiring residential health care facilities to submit an annual pandemic emergency plan to the commissioner of health; requires such plan to include a communication plan with families, plans to protect staff, residents and families against infection, and plans to preserve a resident's place at the facility if he or she is hospitalized.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10394a
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 to the commissioner of health.
SUMMARY OF PROVISIONS:
Section 1. Section 2803 of the public health law is amended by adding a
new subdivision to require residential health care facilities to prepare
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 remote 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 residential health care
facility 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.
Given the congregate nature and resident population typically served in
residential health care facilities, older adults often with underlying
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 b e
taken to ensure that these facilities are fully prepared to immediately
respond to public health emergencies in the future.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:;
To be determined.
This act shall take effect immediately.
STATE OF NEW YORK
May 4, 2020
Introduced by M. of A. LENTOL, JACOBSON, EICHENSTEIN, ORTIZ, O'DONNELL,
D'URSO, BUCHWALD, GLICK, GOTTFRIED, GRIFFIN, MOSLEY, SEAWRIGHT, SIMON,
THIELE, GALEF, COLTON -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT --
read once and referred 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 residen-
tial health care facilities to prepare an annual pandemic emergency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2803 of the public health law is amended by adding
2 a new subdivision 12 to read as follows:
3 12. (a) Each residential health care facility shall, no later than
4 ninety days after the effective date of this subdivision and annually
5 thereafter, or more frequently as may be directed by the commissioner,
6 prepare and make available to the public on the facility's website, and
7 immediately upon request, in a form acceptable to the commissioner, a
8 pandemic emergency plan which shall include but not be limited to:
9 (i) a communication plan:
10 (A) to update authorized family members and guardians of infected
11 residents at least once per day and upon a change in a resident's condi-
12 tion and at least once a week to update all residents and authorized
13 families and guardians on the number of infections and deaths at the
14 facility, by electronic or such other means as may be selected by each
15 authorized family member or guardian; and
16 (B) that includes a method to provide all residents with daily access,
17 at no cost, to remote videoconference or equivalent communication meth-
18 ods with family members and guardians; and
19 (ii) protection plans against infection for staff, residents and fami-
20 lies, including:
21 (A) a plan for hospitalized residents to be readmitted to such resi-
22 dential health care facility after treatment, in accordance with all
23 applicable laws and regulations; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 10394--A 2
1 (B) a plan for such residential health care facility to maintain or
2 contract to have at least a two-month supply of personal protective
3 equipment; and
4 (iii) a plan for preserving a resident's place in a residential health
5 care facility if such resident is hospitalized, in accordance with all
6 applicable laws and regulations.
7 (b) The residential health care facility shall prepare and comply with
8 the pandemic emergency plan. Failure to do so shall be a violation of
9 this subdivision and may be subject to civil penalties pursuant to
10 section twelve and twelve-b of this chapter. The commissioner shall
11 review each residential health care facility for compliance with its
12 plan and the applicable regulations in accordance with paragraphs (a)
13 and (b) of subdivision one of this section.
14 (c) Within thirty days after the residential health care facility's
15 receipt of written notice of noncompliance such residential health care
16 facility shall submit a plan of correction in such form and manner as
17 specified by the commissioner for achieving compliance with its plan and
18 with the applicable regulations. The commissioner shall ensure each such
19 residential health care facility complies with its plan of correction
20 and the applicable regulations.
21 (d) The commissioner shall promulgate any rules and regulations neces-
22 sary to implement the provisions of this subdivision.
23 § 2. This act shall take effect immediately.