Assembly Bill A10394

Signed By Governor
2019-2020 Legislative Session

Relates to requiring residential health care facilities to prepare an annual pandemic emergency plan to the commissioner of health

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8289 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A10394 - Details

Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L

2019-A10394 - Summary

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.

2019-A10394 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10394
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by M. of A. LENTOL, JACOBSON, EICHENSTEIN, ORTIZ, O'DONNELL,
   D'URSO, BUCHWALD, GLICK, GOTTFRIED, GRIFFIN, MOSLEY, SEAWRIGHT, SIMON,
   THIELE -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring residen-
   tial health care facilities to submit  an  annual  pandemic  emergency
   plan to the commissioner of health

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, 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
 JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND ANNUALLY  THEREAFTER,  SUBMIT
 TO  THE  COMMISSIONER FOR APPROVAL A PANDEMIC EMERGENCY PLAN WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO:
   (I) A COMMUNICATION PLAN TO UPDATE FAMILIES AND  GUARDIANS  TWICE  PER
 DAY ON A PATIENT'S CONDITION;
   (II)  PROTECTION PLANS AGAINST INFECTION FOR STAFF, PATIENTS AND FAMI-
 LIES, INCLUDING:
   (A) A PLAN FOR HOSPITALIZED PATIENTS TO BE CLEARED OF INFECTION  PRIOR
 TO READMISSION TO SUCH RESIDENTIAL HEALTH CARE FACILITY; AND
   (B)  A  PLAN  FOR SUCH RESIDENTIAL HEALTH CARE FACILITY TO MAINTAIN AT
 LEAST A TWO-MONTH SUPPLY OF PERSONAL PROTECTIVE EQUIPMENT; AND
   (III) A PLAN FOR PRESERVING A PATIENT'S PLACE IN A RESIDENTIAL  HEALTH
 CARE FACILITY IF SUCH PATIENT IS HOSPITALIZED.
   (B) THE COMMISSIONER SHALL AUDIT EACH RESIDENTIAL HEALTH CARE FACILITY
 FOR COMPLIANCE WITH ITS PLAN AND THE APPLICABLE REGULATIONS ON AN ANNUAL
 BASIS.
   (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 AUDIT EACH  SUCH
 RESIDENTIAL  HEALTH  CARE  FACILITY FOR COMPLIANCE WITH ITS PLAN AND THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2019-A10394A (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L

2019-A10394A (ACTIVE) - Summary

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.

2019-A10394A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10394--A
 
                           I N  A S S E M B L Y
 
                                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
   plan
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, 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 CONDI-
 TION 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 METH-
 ODS WITH FAMILY MEMBERS AND GUARDIANS; AND
   (II) PROTECTION PLANS AGAINST INFECTION FOR STAFF, RESIDENTS AND FAMI-
 LIES, INCLUDING:
   (A) A PLAN FOR HOSPITALIZED RESIDENTS TO BE READMITTED TO  SUCH  RESI-
 DENTIAL  HEALTH  CARE  FACILITY  AFTER TREATMENT, IN ACCORDANCE WITH ALL
 APPLICABLE LAWS AND REGULATIONS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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