NY State Senate Bill 2019-S8264

Archive: Last Bill Status - In Senate Committee Health Committee

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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May 01, 2020	referred to health

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2019-S8264 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 27-M §2799-v, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S4826

2019-S8264 (ACTIVE) - Summary

Establishes an emergency public health transparency and accountability council to receive reports of allegations of violations of any law, regulation or executive order related to the COVID-19 outbreak, in nursing homes and adult care facilities, or any conditions or actions that otherwise put any health care provider or resident of a nursing home or adult care facility at unnecessary risk.

2019-S8264 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8264

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing an
emergency public health transparency and accountability council, and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

To ensure all steps are taken to mitigate the impact of COVID-19 on
residents of nursing homes and adult care facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Creates a new section 2799-V of the public health law to
establish the Emergency Public Health Transparency and Accountability
Council, comprised of the state long-term care ombudsman, or a designee,
and two members each appointed by the governor, the temporary president
of the senate, the minority leader of the senate, the speaker of the

assembly, and the minority leader of the assembly.  Provides that for
the duration of the governor's declared state disaster emergency related
to the COVID-19 pandemic, the council shall submit daily reports to the
governor, the Department of Health, the Office for the Aging and each
member of the State Legislature regarding allegations of violations of
guidelines set forth in nursing homes and adult care facilities related
to the COVID-19 pandemic.

Requires that the Department of Health establish a 24/7 hotline to
receive such reports of allegations, and immediately transmit notice of
such allegation to the council.  Provides that the council shall review
and categorize the allegations daily, and compose a report of such alle-
gations, broken down by category, along with recommendations for best
practices and solutions to immediately address such violations. Allega-
tions related to the COVID-19 outbreak received by the Department of
Health from such reports shall automatically be deemed a high priority
for the Department and an investigation into such allegation shall
commence within 24 hours.

Provides that the council shall receive no compensation for their
services, except for actual and necessary expenses. Also provides
protections for any reports made pursuant to this section in good faith.

Section 2: Provides the effective date.

 
JUSTIFICATION:

It is well known that the elderly and those who are immunocompromised
are at an increased risk of adverse outcomes, including death, resulting
from COVID-19. According to the Department of Health residents of New
York State nursing homes and adult care facilities have accounted for
more than 3,500 COVID-19 fatalities as of April 21. This number trans-
lates to nearly one in every four COVID-19 related death in the state
being a resident of such a facility, and these alarming numbers high-
light how critical it is for the state to concentrate efforts on miti-
gating the devastating impact this pandemic is having on our most
vulnerable residents.

In an effort to better protect these facilities, on March 13, the NYS
Department of Health released guidance that prohibited them from allow-
ing visitors. While this was an important step to limit the number of
interactions with potentially infected individuals, it has prevented NYS
Ombudsman-the volunteers charged with advocating on behalf of residents
and their loved ones-from entering these facilities. The move has
created tremendous anxiety for many who felt they were not receiving
timely information about their loved ones in regards to the steps being
taken to effectively protect them from COVID-19. Because many of the
ombudsman are seniors themselves, and therefore at higher risk of
suffering severe complications due to COVID-19, simply allowing the
ombudsman reentry into the facilities is not a feasible approach at this
time.

This legislation would allow for those who are already inside the facil-
ities to act as the eyes and ears to ensure that health and safety
guidelines related to COVID-19 are being properly adhered to.  The bill
establishes the Emergency Public Health Transparency and Accountability
Council, along with a hotline that would receive reports of alleged
violations of any law, regulation or executive order related to the
COVID-19 outbreak in nursing homes and adult care facilities, or any
conditions or actions that otherwise put any health care provider or
resident of a nursing home or adult care facility at unnecessary risk.
Such reports would be forwarded to the council, which would then cate-
gorize and report the allegations to the governor, the Department of
Health, the Office for the Aging and each member of the State Legisla-
ture, along with recommendations for corrective actions every day during
this crisis. The Department of Health would also be responsible for
commencing appropriate investigations of any such reports related to
COVID-19 in these facilities within 24 hours.

By ensuring that the concerns of those in nursing homes and adult care
facilities are heard swiftly by public officials, the state can more
efficiently develop proactive measures to ensure we are doing all we can
to protect our most vulnerable residents during this crisis.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed September 1, 2021.

2019-S8264 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8264
 
                             I N  S E N A T E
 
                                May 1, 2020
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  establishing  an
   emergency  public  health transparency and accountability council, and
   providing for the repeal of such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new article
 27-M to read as follows:
                               ARTICLE 27-M
      EMERGENCY PUBLIC HEALTH TRANSPARENCY AND ACCOUNTABILITY COUNCIL
 SECTION 2799-V. EMERGENCY PUBLIC HEALTH TRANSPARENCY AND  ACCOUNTABILITY
                   COUNCIL.
   §  2799-V.  EMERGENCY  PUBLIC  HEALTH  TRANSPARENCY AND ACCOUNTABILITY
 COUNCIL. 1. THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT AN EMERGEN-
 CY PUBLIC HEALTH TRANSPARENCY AND ACCOUNTABILITY COUNCIL TO BE  COMPOSED
 OF ELEVEN MEMBERS, INCLUDING THE STATE LONG-TERM CARE OMBUDSMAN PURSUANT
 TO  SECTION  TWO  HUNDRED  EIGHTEEN  OF  THE ELDER LAW, EX OFFICIO, OR A
 DESIGNEE, AND TEN MEMBERS WHO SHALL BE APPOINTED BY THE  GOVERNOR,  WITH
 EIGHT OF THESE MEMBERS APPOINTED AS FOLLOWS:
   (A)  TWO MEMBERS UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF
 THE SENATE;
   (B) TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF  THE
 SENATE;
   (C)  TWO  MEMBERS UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
 BLY; AND
   (D) TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF  THE
 ASSEMBLY.
   VACANCIES  IN  THE  MEMBERSHIP  OF SUCH COUNCIL SHALL BE FILLED BY THE
 APPROPRIATE APPOINTING AUTHORITY. THE GOVERNOR  SHALL  SELECT  A  CHAIR-
 PERSON FROM AMONG THE MEMBERS OF THE COUNCIL. THE MEMBERS OF THE COUNCIL
 SHALL  INCLUDE  RETIRED  HEALTH CARE PROVIDERS WITH RELEVANT EXPERIENCE,
 INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE EXPERIENCE IN A NURSING HOME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16236-01-0

 S. 8264                             2
 
 OR ADULT CARE FACILITY,  AND  WHO  SHALL  REPRESENT  DIVERSE  GEOGRAPHIC
 REGIONS OF THE STATE.
   2. FOR AS LONG AS THE GOVERNOR'S DECLARATION OF A STATE DISASTER EMER-
 GENCY,  PURSUANT  TO  EXECUTIVE  ORDER  NUMBER  202  OF 2020, REMAINS IN
 EFFECT, THE EMERGENCY  PUBLIC  HEALTH  TRANSPARENCY  AND  ACCOUNTABILITY
 COUNCIL  SHALL SUBMIT DAILY REPORTS PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION TO THE GOVERNOR, THE COMMISSIONER, THE DIRECTOR  OF  THE  OFFICE
 FOR  THE  AGING,  AND EACH MEMBER OF THE STATE LEGISLATURE. SUCH REPORTS
 MAY BE IN AN ELECTRONIC FORMAT.
   3. (A) WITHIN AMOUNTS  APPROPRIATED  THEREFOR,  THE  DEPARTMENT  SHALL
 ESTABLISH  A  STATEWIDE  TOLL-FREE  TELEPHONE  NUMBER  (A  "HOTLINE") TO
 RECEIVE REPORTS OF ALLEGATIONS OF VIOLATIONS OF ANY LAW,  REGULATION  OR
 EXECUTIVE  ORDER  RELATED TO THE COVID-19 OUTBREAK, IN NURSING HOMES AND
 ADULT CARE FACILITIES, OR ANY CONDITIONS OR ACTIONS THAT  OTHERWISE  PUT
 ANY  HEALTH  CARE  PROVIDER  OR RESIDENT OF A NURSING HOME OR ADULT CARE
 FACILITY AT UNNECESSARY RISK. THE HOTLINE SHALL RECEIVE SUCH ALLEGATIONS
 TWENTY-FOUR HOURS PER DAY, SEVEN DAYS A WEEK. THE HOTLINE  SHALL  ACCEPT
 ANONYMOUS CALLS.
   (B)  WHEN  ANY ALLEGATION THAT COULD REASONABLY CONSTITUTE A VIOLATION
 OF ANY LAW, REGULATION  OR  EXECUTIVE  ORDER  RELATED  TO  THE  COVID-19
 OUTBREAK  IN A NURSING HOME OR ADULT CARE FACILITY, OR ANY CONDITIONS OR
 ACTIONS THAT OTHERWISE PUT ANY HEALTH CARE PROVIDER  OR  RESIDENT  OF  A
 NURSING  HOME OR ADULT CARE FACILITY AT UNNECESSARY RISK, IS RECEIVED BY
 THE HOTLINE, THE HOTLINE SHALL ACCEPT AND IMMEDIATELY TRANSMIT NOTICE OF
 THE REPORT TO THE EMERGENCY PUBLIC HEALTH TRANSPARENCY AND  ACCOUNTABIL-
 ITY COUNCIL.
   (C) THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 TO FACILITATE THE IMPLEMENTATION AND OPERATION OF THE HOTLINE, INCLUDING
 BUT  NOT LIMITED TO, PROCEDURES FOR TIMELY AND ACCURATE REFERRALS TO THE
 COUNCIL, AS WELL AS PROCEDURES FOR ENSURING COMPLIANCE WITH  APPROPRIATE
 CONFIDENTIALITY REQUIREMENTS.
   (D)  ALLEGATIONS  OF VIOLATIONS RECEIVED BY THE DEPARTMENT PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION, OTHER THAN THOSE CATEGORIZED  AS  UNRE-
 LATED  TO  THE  COVID-19  OUTBREAK, SHALL AUTOMATICALLY BE DEEMED A HIGH
 PRIORITY BY THE DEPARTMENT FOR INVESTIGATION, AND THE  DEPARTMENT  SHALL
 DIRECT  THE  COMMENCEMENT OF AN INVESTIGATION BY THE APPROPRIATE AGENCY,
 BOARD OR OFFICER OF SUCH ALLEGATION WITHIN TWENTY-FOUR HOURS.
   4. (A) THE EMERGENCY PUBLIC  HEALTH  TRANSPARENCY  AND  ACCOUNTABILITY
 COUNCIL  SHALL REVIEW REPORTED ALLEGATIONS OF VIOLATIONS AND ALLEGATIONS
 OF CONDITIONS OR ACTIONS THAT PUT HEALTH CARE PROVIDERS OR RESIDENTS  OF
 A  NURSING  HOME  OR  ADULT  CARE FACILITY AT UNNECESSARY RISK WHICH ARE
 RECEIVED BY THE HOTLINE PURSUANT TO SUBDIVISION THREE  OF  THIS  SECTION
 DAILY  FOR  AS  LONG  AS  THE GOVERNOR'S DECLARATION OF A STATE DISASTER
 EMERGENCY, PURSUANT TO EXECUTIVE ORDER NUMBER 202 OF  2020,  REMAINS  IN
 EFFECT.  PROVIDED,  HOWEVER,  THAT  THE COUNCIL SHALL NOT BE REQUIRED TO
 MEET IN PERSON AND MAY UTILIZE AVAILABLE AUDIO-VIDEO TECHNOLOGY.
   (B) THE COUNCIL SHALL CATEGORIZE ALLEGATIONS  BY,  INCLUDING  BUT  NOT
 LIMITED  TO,  ALLEGATIONS OF INSUFFICIENT PERSONAL PROTECTIVE EQUIPMENT,
 ALLEGATIONS OF INSUFFICIENT COVID-19 TESTING FOR HEALTH  CARE  PROVIDERS
 OR  RESIDENTS,  ALLEGATIONS  OF  FAILURE  TO  ADHERE TO APPROPRIATE CARE
 GUIDELINES AND ALLEGATIONS UNRELATED TO  THE  COVID-19  OUTBREAK.  AFTER
 REVIEWING  EACH  NEW  ALLEGATION,  THE COUNCIL SHALL COMPOSE A REPORT OF
 SUCH ALLEGATIONS, BROKEN DOWN BY CATEGORY,  ALONG  WITH  RECOMMENDATIONS
 FOR BEST PRACTICES AND SOLUTIONS TO IMMEDIATELY ADDRESS SUCH VIOLATIONS.
 PROVIDED, HOWEVER, THAT REPORTS SUBMITTED TO MEMBERS OF THE STATE LEGIS-

 S. 8264                             3

 LATURE  SHALL  NOT  INCLUDE  SPECIFIC  IDENTIFYING INFORMATION ABOUT THE
 ALLEGATIONS.
   5.  THE  MEMBERS  OF  THE  EMERGENCY  PUBLIC  HEALTH  TRANSPARENCY AND
 ACCOUNTABILITY COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES,
 BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
 PERFORMANCE OF THEIR DUTIES HEREUNDER.
   6. (A) ANY PERSON WHO IN GOOD FAITH MAKES A REPORT OF  ALLEGATIONS  OF
 VIOLATIONS  OF  ANY  LAW,  REGULATION  OR EXECUTIVE ORDER RELATED TO THE
 COVID-19 OUTBREAK IN NURSING HOMES AND ADULT  CARE  FACILITIES,  OR  ANY
 CONDITIONS  OR  ACTIONS  THAT  OTHERWISE PUT ANY HEALTH CARE PROVIDER OR
 RESIDENT OF A NURSING HOME OR ADULT CARE FACILITY  AT  UNNECESSARY  RISK
 PURSUANT  TO  THIS  SECTION,  INCLUDING  THOSE  WHO IN GOOD FAITH MAKE A
 REPORT TO THE WRONG RECIPIENT, SHALL HAVE IMMUNITY FROM CRIMINAL LIABIL-
 ITY WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
   (B) ANY PERSON WHO REASONABLY AND IN GOOD  FAITH  MAKES  A  REPORT  OF
 ALLEGATIONS  OF  VIOLATIONS  OF  ANY  LAW, REGULATION OR EXECUTIVE ORDER
 RELATED TO THE COVID-19 OUTBREAK IN NURSING HOMES AND ADULT CARE FACILI-
 TIES, OR ANY CONDITIONS OR ACTIONS THAT OTHERWISE PUT  ANY  HEALTH  CARE
 PROVIDER  OR RESIDENT OF A NURSING HOME OR ADULT CARE FACILITY AT UNNEC-
 ESSARY RISK PURSUANT TO THIS SECTION, SHALL  HAVE  IMMUNITY  FROM  CIVIL
 LIABILITY WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed September 1, 2021.

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Senate Bill S8264

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2019-S8264 (ACTIVE) - Details

2019-S8264 (ACTIVE) - Summary

2019-S8264 (ACTIVE) - Sponsor Memo

2019-S8264 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8264

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Fred Akshar

George M. Borrello

John E. Brooks

Daphne Jordan

2019-S8264 (ACTIVE) - Details

2019-S8264 (ACTIVE) - Summary

2019-S8264 (ACTIVE) - Sponsor Memo

2019-S8264 (ACTIVE) - Bill Text download pdf

Comments