NY State Senate Bill 2019-S8289

Senate Bill S8289

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

Archive: Last Bill Status - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2020	signed chap.114
Jun 05, 2020	delivered to governor
May 27, 2020	returned to senate passed assembly ordered to third reading rules cal.37 substituted for a10394a referred to codes delivered to assembly passed senate ordered to third reading cal.655
May 26, 2020	reported and committed to rules
May 24, 2020	print number 8289b
May 24, 2020	amend (t) and recommit to health
May 20, 2020	print number 8289a
May 20, 2020	amend and recommit to health
May 06, 2020	referred to health

Votes

- May 27, 2020 - Floor Vote
  S8289
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 27, 2020
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (1)
      
      Helming
  May 24, 2020 - Rules Committee Vote
  S8289
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 24, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
  May 26, 2020 - Health Committee Vote
  S8289
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 26, 2020
      
      aye (15)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Gallivan
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Ortt
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky

Bill Amendments

Original

B (Active)

2019-S8289 - Details

See Assembly Version of this Bill:: A10394
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L

2019-S8289 - 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-S8289 - Sponsor Memo

                                
 
BILL NUMBER: S8289

SPONSOR: SALAZAR
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation requires residential health care facilities to submit
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, herein-
after "facility" and "facilities," to submit a pandemic emergency plan
to the commissioner of health for approval no later than January 1,
2021, and annually thereafter. Such plan must include (i) a communi-

cation plan to update families and guardians twice per day on patient's
condition; (ii) protection plans against infection for staff, patients
and families, including (A) a plan for hospitalized patients to be
cleared of infection prior to readmission to the facility; (B) a plan
for the facility to maintain at least a two-month supply of personal
protective equipment; and,

(iii) a plan for preserving a patient's place in the facility if such
patient is hospitalized.  The commissioner is required to audit facili-
ties for compliance with their plans and applicable regulations on an
annual basis. Facilities are required to submit amended plans within
thirty days of receiving a notice of noncompliance. The commissioner is
required to audit compliance with amended plans within a reasonable time
after correction.  Noncompliance with any provision of this subdivision
will be punishable as provided in section twelve-b of this chapter or
the penal law.

Section 2. Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Given the congregate nature and patient population typically served in
residential health care facilities, older adults often with underling
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 resi-
dential health care facilities to submit a pandemic emergency plan to
the Commissioner of Health annually, which includes plans for (1) commu-
nicating with family regarding patient status;

(2) protecting patients, staff and visitors from infection; (3) ensuring
that hospitalized residents be clear of infection prior to returning to
the facility; (4) preserving a resident's place in the facility if
he/she is hospitalized; and, (5) ensuring that the facility maintains at
least a two-month supply of personal protective equipment. The Commis-
sioner will be required to audit these plans on a regular basis, and any
facility found to be in violation of these requirements may be subject
to criminal penalties.

Given the rapid spread of the novel coronavirus COVID-19 in residential
health care facilities across the country, immediate steps must be taken
to ensure that these facilities are fully prepared to immediately
respond to public health emergencies in the future.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8289 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8289
 
                             I N  S E N A T E
 
                                May 6, 2020
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 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
 APPLICABLE REGULATIONS WITHIN A REASONABLE TIME AFTER SUBMISSION OF SUCH
 PLAN OF CORRECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16260-01-0

 S. 8289                             2
 
   (D) NONCOMPLIANCE WITH ANY PROVISION  OF  THIS  SUBDIVISION  SHALL  BE
 PUNISHABLE  AS  PROVIDED  IN  SECTION TWELVE-B OF THIS CHAPTER OR IN THE
 PENAL LAW.
   § 2. This act shall take effect immediately.

2019-S8289A - Details

See Assembly Version of this Bill:: A10394
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L

2019-S8289A - Summary

2019-S8289A - Sponsor Memo

                                
 
BILL NUMBER: S8289A

SPONSOR: SALAZAR
 
TITLE OF BILL:

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

 
PURPOSE OF GENERAL IDEA OF BILL:

This legislation requires residential health care facilities to submit
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, herein-
after "facility" and "facilities," to submit a pandemic emergency plan
to the commissioner of health for approval no later than January 1,
2021, and annually thereafter. Such plan must include (i) a communi-

cation plan to update families and guardians of infected patients twice
per day on patient's condition and to update families and guardians of
others at least once per week; (ii) protection plans against infection
for staff, patients and families, including (A) a plan for hospitalized
patients to be readmitted to the facility after treatment; (B) a plan
for the facility to maintain or contract for to have access to at least
a two-month supply of personal protective equipment; and, (iii) a plan
for preserving a patient's place in the facility if such patient is
hospitalized.

The commissioner is required to audit facilities for compliance with
their plans and applicable regulations on an annual basis. Facilities
are required to submit a plan of correction after receiving a notice of
noncompliance. The commissioner is required to audit compliance with
amended plans within a reasonable time after correction.

The commissioner of Health may assess a civil penalty of up to $2,500.00
for a first violation and $5,000.00 for subsequent violations of any
provision in this law.

Section 2.Provides that this act shall take effect immediately.

 
AMENDED BILL:

The amended print of this bill changed the potential penalties for
violations from criminal penalties to civil penalties, modified the
required frequency of family notifications relating to non-infected
patients, and changed the original requirement that there be two-month
supply of PPE on hand to allowing this to be satisfied with a contract
to have such supplies available.   
JUSTIFICATION:

Given the congregate nature and patient population typically served in
residential health care facilities, older adults often with underling
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 submit a
pandemic emergency plan to the Commissioner of Health annually, which
includes plans for (1) communicating with family regarding patient
status; (2) protecting patients, 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. The Commissioner
will be required to audit these plans on a regular basis, and any facil-
ity 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 be taken
to ensure that these facilities are fully prepared to immediately
respond to public health emergencies in the future.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS;

To be determined.   
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8289A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8289--A
 
                             I N  S E N A T E
 
                                May 6, 2020
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 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 AUTHORIZED FAMILY MEMBERS AND GUAR-
 DIANS OF INFECTED PATIENTS TWICE PER DAY ON A PATIENT'S CONDITION AND AT
 LEAST  ONCE  A  WEEK  TO UPDATE ALL PATIENTS AND AUTHORIZED FAMILIES AND
 GUARDIANS ON THE NUMBER OF INFECTIONS AND DEATHS AT THE FACILITY;
   (II) PROTECTION PLANS AGAINST INFECTION FOR STAFF, PATIENTS AND  FAMI-
 LIES, INCLUDING:
   (A) A PLAN FOR HOSPITALIZED PATIENTS TO BE READMITTED TO SUCH RESIDEN-
 TIAL HEALTH CARE FACILITY AFTER TREATMENT; AND
   (B)  A  PLAN  FOR SUCH RESIDENTIAL HEALTH CARE FACILITY TO MAINTAIN OR
 CONTRACT TO HAVE ACCESS TO 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16260-04-0

 S. 8289--A                          2
 
 SPECIFIED BY THE COMMISSIONER FOR ACHIEVING COMPLIANCE WITH ITS PLAN AND
 WITH THE APPLICABLE REGULATIONS. THE COMMISSIONER SHALL ENSURE EACH SUCH
 RESIDENTIAL  HEALTH  CARE  FACILITY COMPLIES WITH ITS PLAN OF CORRECTION
 AND THE APPLICABLE REGULATIONS.
   (D)  THE COMMISSIONER MAY ASSESS A CIVIL PENALTY OF UP TO TWO THOUSAND
 FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION, AND  FIVE  THOUSAND  DOLLARS
 FOR SUBSEQUENT VIOLATIONS OF ANY PROVISION OF THIS SUBDIVISION.
   (E) THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S8289B (ACTIVE) - Details

See Assembly Version of this Bill:: A10394
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L

2019-S8289B (ACTIVE) - Summary

2019-S8289B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8289b

SPONSOR: SALAZAR
 
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.

 
SUMMARY OF PROVISIONS:

Section l.Section 2803 of the public health law is amended by adding a
new subdivision to require residential health care facilities to create
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 remove 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 plan 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.

 
JUSTIFICATION:

Given the congregate nature and resident population typically served in
residential health care facilities, older adults often with underling
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 be taken
to ensure that these facilities are fully prepared to immediately
respond to public health emergencies in the future.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:;

To be determined.

 
EFFECTIVE DATE:  This act shall take effect immediately.

2019-S8289B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8289--B
 
                             I N  S E N A T E
 
                                May 6, 2020
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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  --  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
                       [ ] is old law to be omitted.

                                                            LBD16260-08-0

 S. 8289--B                          2
 
   (B)  A  PLAN  FOR SUCH RESIDENTIAL HEALTH CARE FACILITY TO MAINTAIN OR
 CONTRACT TO HAVE AT LEAST A  TWO-MONTH  SUPPLY  OF  PERSONAL  PROTECTIVE
 EQUIPMENT; AND
   (III) A PLAN FOR PRESERVING A RESIDENT'S PLACE IN A RESIDENTIAL HEALTH
 CARE  FACILITY  IF SUCH RESIDENT IS HOSPITALIZED, IN ACCORDANCE WITH ALL
 APPLICABLE LAWS AND REGULATIONS.
   (B) THE RESIDENTIAL HEALTH CARE FACILITY SHALL PREPARE AND COMPLY WITH
 THE PANDEMIC EMERGENCY PLAN. FAILURE TO DO SO SHALL BE  A  VIOLATION  OF
 THIS  SUBDIVISION  AND  MAY  BE  SUBJECT  TO CIVIL PENALTIES PURSUANT TO
 SECTION TWELVE AND TWELVE-B OF  THIS  CHAPTER.  THE  COMMISSIONER  SHALL
 REVIEW  EACH  RESIDENTIAL  HEALTH  CARE FACILITY FOR COMPLIANCE WITH ITS
 PLAN AND THE APPLICABLE REGULATIONS IN ACCORDANCE  WITH  PARAGRAPHS  (A)
 AND (B) OF SUBDIVISION ONE OF THIS SECTION.
   (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 ENSURE EACH SUCH
 RESIDENTIAL HEALTH CARE FACILITY COMPLIES WITH ITS  PLAN  OF  CORRECTION
 AND THE APPLICABLE REGULATIONS.
   (D) THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.

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