S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8775
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law,  in  relation  to  directing  the
   department   of   health  to  establish  and  implement  an  infection
   inspection audit and checklist on nursing homes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Subdivisions 1 and 2 and the opening paragraph and subpar-
 agraphs  (iv)  and  (vii)  of  paragraph (a) of subdivision 3 of section
 2803-aa of the public health law, as added by a chapter of the  laws  of
 2021 amending the public health law relating to directing the department
 of  health  to  establish  and implement an infection inspection control
 audit and checklist on nursing homes, as proposed in  legislative  bills
 numbers S.  1783-A and A. 6057-A, are amended to read as follows:
   1.  The  commissioner  shall establish in the department a program for
 audits of nursing homes to measure specific core  competencies  relating
 to infection control of each nursing home.  The audits shall commence on
 [October] DECEMBER 1, [2021] 2022, and shall be conducted annually ther-
 eafter.
   2.  (a)  The  audit  shall utilize a checklist THAT IS CONSISTENT WITH
 FOCUSED INFECTION CONTROL SURVEY STANDARDS ISSUED BY THE FEDERAL CENTERS
 FOR MEDICARE AND MEDICAID SERVICES to evaluate infection control  compe-
 tency of each nursing home.
   (b) A nursing home [meeting at least eighty-five percent of the crite-
 ria  on  the  checklist  shall]  MUST  MEET ALL METRICS ON THE CHECKLIST
 DEVELOPED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION TO be scored  as
 ["proficient"] in COMPLIANCE WITH infection control [competency].
   (c)  If  a  nursing  home [meets between sixty percent and eighty-four
 percent of the required criteria within the checklist, the nursing  home
 will be scored as "proficiency pending reinspection."  Such nursing home
 will  be  audited by the department at least once before the next annual
 inspection] FAILS TO MEET ALL METRICS ON THE CHECKLIST DEVELOPED  PURSU-
 ANT  TO  PARAGRAPH (A) OF THIS SUBDIVISION, THE DEPARTMENT SHALL CONDUCT
 ANOTHER INFECTION CONTROL AUDIT WITHIN NINETY DAYS OF THE INITIAL DETER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02904-08-2
 A. 8775                             2
 
 MINATION. THE DEPARTMENT SHALL  CONTINUE  TO  CONDUCT  SUCH  NINETY  DAY
 AUDITS  UNTIL THE NURSING HOME IS SCORED AS IN COMPLIANCE WITH INFECTION
 CONTROL COMPETENCY. THE DEPARTMENT MAY ALSO PURSUE ADMINISTRATIVE PENAL-
 TIES,  INCLUDING  BUT NOT LIMITED TO CITATION FOR VIOLATION OF INFECTION
 CONTROL STANDARDS AND IMPOSING  CIVIL  MONETARY  PENALTIES  PURSUANT  TO
 SECTION TWELVE OF THIS CHAPTER.
   [(d) A nursing home that meets less than sixty percent of the criteria
 within the checklist, or fails a proficiency pending reinspection, shall
 be scored as "not proficient".
   Facilities  scored as "not proficient" shall continue to be audited at
 monthly intervals  until  such  facilities  meet  at  least  eighty-five
 percent of the criteria within the checklist.]
   An  audit  of  core competencies shall include, but not be limited to,
 the following, and shall be consistent with [applicable  federal,  state
 and  local guidelines and requirements] FOCUSED INFECTION CONTROL SURVEY
 STANDARDS ISSUED BY  THE  FEDERAL  CENTERS  FOR  MEDICARE  AND  MEDICAID
 SERVICES:
   (iv)  The  nursing  home  shall  have a staffing AND COHORTING plan to
 limit transmission [that shall] , WHICH IS BASED ON NATIONAL (FOR  EXAM-
 PLE,  CENTERS  OF  DISEASE CONTROL AND CENTERS FOR MEDICARE AND MEDICAID
 SERVICES), STATE OR LOCAL PUBLIC HEALTH AUTHORITY RECOMMENDATIONS.  SUCH
 STAFFING AND COHORTING PLAN MAY include, but not be limited to:
   (A)  [Dedicated]  HAVING  DEDICATED,  consistent  staffing  teams  who
 directly interact with residents that are confirmed or suspected  to  be
 infected with a contagious or infectious disease; [and]
   (B) Limiting clinical and other staff who have direct resident contact
 to specific areas of the facility[. There shall be no rotation of staff]
 AND  NOT ROTATING STAFF between various areas of the facility during the
 period they are working each day during periods of recognized outbreaks;
 AND
   (C) HAVING A DEDICATED SPACE IN THE FACILITY FOR COHORTING AND  MANAG-
 ING CARE FOR RESIDENTS WITH AN INFECTIOUS DISEASE, SUCH AS COVID-19.
   (vii) The nursing home must designate a staff member [for every shift]
 OR  MEMBERS  who  is responsible for ensuring the proper use of personal
 protective equipment by all staff.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a chapter of the laws of 2021 amending the public health law
 relating to directing the department of health to establish  and  imple-
 ment  an  infection  inspection audit and checklist on nursing homes, as
 proposed in legislative bills numbers S. 1783-A  and  A.  6057-A,  takes
 effect.