NY State Senate Bill 2019-S8890

Senate Bill S8890

2019-2020 Legislative Session

Directs the department of health to publish the results of inspections conducted by the department in residential health care facilities in the state during the COVID-19 state disaster emergency

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 07, 2020	referred to rules

2019-S8890 (ACTIVE) - Details

See Assembly Version of this Bill:: A11040
Current Committee:: Senate Rules
Law Section:: Public Health
Versions Introduced in 2021-2022 Legislative Session:: S2022, A1010

2019-S8890 (ACTIVE) - Summary

Directs the department of health to make publicly available the results of all inspections conducted by the department in nursing homes and other residential health care facilities in the state during the COVID-19 state disaster emergency, and to conduct a comparative study of practices utilized in nursing homes and other residential health care facilities in the state during the pendency of the COVID-19 state disaster emergency and identify best practices for ensuring the containment and prevention of future outbreaks of COVID-19 in residential health care facilities.

2019-S8890 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8890

SPONSOR: MAY
 
TITLE OF BILL:

An act directing the department of health to make publicly available the
results of all inspections conducted by such department in nursing homes
and other residential health care facilities in the state during the
COVID-19 state disaster emergency and to conduct a comparative study of
practices utilized in nursing homes and other residential health care
facilities in the state during the pendency of the COVID-19 state disas-
ter emergency and identify best practices for ensuring the containment
and prevention of future outbreaks of COVID-19 in residential health
care facilities

 
PURPOSE:

This bill will make public all inspections conducted on nursing homes
and other residential health care facilities during the COVID-19 crisis.
It will also require the Department of Health to conduct and publish a
study documenting the best practices in these facilities for preventing
and containing outbreaks of COVID-19.

 
SUMMARY OF PROVISIONS:

Section 1: Requires the department of health to publish online all
inspections conducted in nursing homes and residential healthcare facil-
ities during the COVID-19 crisis. The department will redact any
patient-identifying information from such reports and provide an expla-
nation for such redactions. The department is also required to regularly
release the results of any future inspections conducted during the
COVID-19 emergency.

Section 2: Requires the department of health to conduct a comparative
study of best practices in nursing homes and other residential care
facilities to protect employees and residents from infection by December
15th 2020. The department must analyze infection control measures,
staffing issues, and quality of life for residents of each facility. The
report will identify best practices for containing and preventing future
outbreaks of COVID-19.

Section 3: Definitions.

Section 4: Sets the effective date.

 
JUSTIFICATION:

The Department of Health has conducted many inspections in nursing homes
and other residential care facilities across New York as a result of the
COVID-19 public health emergency. In order for New Yorkers to make sound
decisions and for the state legislature to thoroughly analyze the
state's performance in order to make policy changes, these reports must
be available to the public for review.  This bill will provide transpar-
ency in inspections conducted during the crisis by requiring that the
department post all such inspection reports on its website, with appro-
priate redaction to protect any patient-identifying information. It also
requires the department to conduct a comparative analysis of nursing
homes and other residential care facilities in the state to identify
best practices of preventing and containing outbreaks. This report, due
by December 15th 2020, will make recommendations based on this analysis
for all facilities to help prevent future outbreaks.

 
FISCAL IMPACT:

Minimal.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
Immediately.

2019-S8890 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8890
 
                             I N  S E N A T E
 
                              August 7, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT directing the department of health to make publicly available the
   results of all inspections conducted by  such  department  in  nursing
   homes and other residential health care facilities in the state during
   the  COVID-19  state  disaster  emergency and to conduct a comparative
   study of practices utilized in nursing  homes  and  other  residential
   health  care facilities in the state during the pendency of the COVID-
   19 state disaster emergency and identify best practices  for  ensuring
   the  containment  and  prevention  of  future outbreaks of COVID-19 in
   residential health care facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  a.  Within  thirty  days after the effective date of this
 section, the department of health shall publish on  its  website,  in  a
 location  accessible  to  the  public,  the  results  of all inspections
 conducted by such department in  nursing  homes  and  other  residential
 health  care  facilities in the state during the COVID-19 state disaster
 emergency declared pursuant to Executive Order No. 202 on March 7, 2020.
 Such reports shall be published in their  entirety;  provided,  however,
 that  any portion of a report that contains patient-identifying informa-
 tion shall be redacted. In the event that information  in  a  report  is
 redacted,  such  department shall note on its website the reason for the
 redaction.
   b. During the  pendency  of  the  COVID-19  state  disaster  emergency
 declared  pursuant to Executive Order No. 202 of 2020, the department of
 health shall release the results of all future inspections conducted  by
 such  department in nursing homes in the state within thirty days of the
 completion of such report. Such reports  shall  be  published  in  their
 entirety;  provided, however, that any portion of a report that contains
 patient-identifying information shall be redacted.  In  the  event  that
 information  in  a report is redacted, such department shall note on its
 website the reason for the redaction.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD17085-02-0

 S. 8890                             2
 
   § 2. The department of health shall conduct  a  comparative  study  of
 practices  utilized  in  nursing homes and other residential health care
 facilities in the state during the pendency of the COVID-19 state disas-
 ter emergency declared pursuant to Executive Order No. 202  of  2020  to
 protect  employees  and  residents from infection. Such department shall
 perform a detailed analysis of infection control measures implemented at
 each facility, staffing  levels  and  other  staffing  issues,  and  the
 success  of the facility in maintaining a good quality of life for resi-
 dents of the facility. Such department shall identify best practices for
 ensuring the containment and prevention of future outbreaks of  COVID-19
 in  residential  health care facilities. On or before December 15, 2020,
 such department shall prepare a report of its findings and publish  such
 report on its website, in a location accessible to the public.
   § 3. As used in this act:
   a.  "nursing home" means a nursing home as defined in subdivision 1 of
 section 2895-a of the public health law; and
   b. "residential health care facility" means a residential health  care
 facility  as  defined  in  subdivision  3  of section 2801 of the public
 health law.
   § 4. This act shall take effect immediately.

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