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.

                                
 
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.