NY State Senate Bill 2019-S8756

Senate Bill S8756

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 14, 2020	referred to rules

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2019-S8756 (ACTIVE) - Details

See Assembly Version of this Bill:: A10857
Current Committee:: Senate Rules
Law Section:: Commissions
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2067, A3162
2023-2024: S2419, A9700

2019-S8756 (ACTIVE) - Summary

2019-S8756 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8756

SPONSOR: TEDISCO
 
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

composition, 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.  Further-
more, 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.

2019-S8756 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8756
 
                             I N  S E N A T E
 
                               July 14, 2020
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  BORRELLO, FUNKE, JORDAN, SEWARD -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Rules
 
 AN  ACT  establishing a temporary state commission to study and investi-
   gate the effects of the COVID-19 pandemic response on deaths in  nurs-
   ing  homes; and providing for the repeal of such provisions upon expi-
   ration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Definitions. As used in this act:
   a.  "commission" means the commission to investigate COVID-19 in nurs-
 ing homes created by section two of this act; and
   b. "nursing home" means a nursing home as defined in  subdivision  one
 of section 2895-a of the public health law.
   §  2.  Commission  on  long term care facilities. a. A temporary state
 commission, to be known as the commission  to  investigate  COVID-19  in
 nursing homes (hereinafter the "commission"), is hereby created to study
 and make recommendations concerning the following:
   (1)  the measures taken by nursing homes to ensure the safety of their
 residents during and in  response  to  the  novel  coronavirus  pandemic
 (hereinafter "COVID-19");
   (2) the success or failure of such measures in reducing or slowing the
 spread of COVID-19;
   (3) any increase in death rates of nursing home residents attributable
 to COVID-19;
   (4)  the  effectiveness  of  current state and federal laws, executive
 orders, rules, regulations and recommendations governing the response of
 nursing homes to COVID-19; and
   (5) such other matters as the commission deems appropriate.
   b. The commission shall make recommendations  for  legislation,  rules
 and/or regulations relating to the handling of future pandemic responses
 by nursing homes.
   c. (1) The commission shall consist of five members to be appointed as
 follows:  one  member  shall  be  appointed by the attorney general; one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16797-03-0

 S. 8756                             2
 
 member shall be a member of the senate, appointed by the temporary pres-
 ident of the senate; one member shall  be  a  member  of  the  assembly,
 appointed  by  the speaker of the assembly; one member shall be a member
 of  the  senate, appointed by the minority leader of the senate; and one
 member shall be a member of the  assembly,  appointed  by  the  minority
 leader  of  the  assembly.  The member appointed by the attorney general
 shall be the chair of the commission.
   (2) All appointees to the commission must have a background in  health
 care and/or health policy. Any vacancy on the commission shall be filled
 in the same manner as the original appointment was made.
   (3) No member, officer or employee of the commission shall be disqual-
 ified  from  holding any other public office or employment, nor shall he
 or she forfeit any such office or employment by reason  of  his  or  her
 appointment  hereunder,  notwithstanding  the provisions of any general,
 special or local law, ordinance or city charter.
   (4) All members of the commission shall be appointed within sixty days
 of the effective date of this section. The first meeting of the  commis-
 sion  shall  take  place  within  thirty  days  after appointment of all
 members of the commission.
   d. The members of the commission shall  receive  no  compensation  for
 their services.
   e.  The commission may employ and at pleasure remove such personnel as
 it may deem necessary for the performance of its functions and fix their
 compensation within the amounts made available by  appropriation  there-
 for,  if  any,  or by donation, if any. The commission may meet and hold
 public and/or private hearings within or without the  state,  and  shall
 have  all the powers of a legislative committee pursuant to the legisla-
 tive law.
   f. For the accomplishment of its purposes,  the  commission  shall  be
 authorized and empowered to undertake any studies, inquiries, surveys or
 analyses  it  may  deem relevant through its own personnel or in cooper-
 ation with or by agreement with any other public or private agency.
   g. The commission may request and shall receive from any agency in the
 state and from any subdivision, department, board,  bureau,  commission,
 office, agency or other instrumentality of the state or of any political
 subdivision  thereof  such  facilities,  assistance and data as it deems
 necessary or desirable for the proper execution of its powers and duties
 and to effectuate the purposes set forth in this section.
   h. The commission is hereby authorized and empowered to enter into any
 agreements and to do and perform any acts that may be necessary, desira-
 ble or proper to carry out the purposes and objectives of this section.
   i. The commission  may  administer  oaths  or  affirmations,  subpoena
 witnesses,  compel their attendance, examine them under oath or affirma-
 tion and require the production of  any  books,  records,  documents  or
 other evidence it may deem relevant or material to an investigation.
   §  3. The commission shall make a report of its findings and recommen-
 dations 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, the minority leader of the
 assembly and all members of each house of the New York state legislature
 one year after the first meeting of the commission.
   § 4. 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

 S. 8756                             3
 
 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 maintain 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.

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