S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3162
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  KIM,  WALSH,  SANTABARBARA, BUTTENSCHON, RA,
   M. MILLER,  STECK,  TAGUE,  SEAWRIGHT,  PALMESANO  --  read  once  and
   referred to the Committee on Health
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04123-01-1

              

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   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
 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

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 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
 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.