NY State Senate Bill 2021-S2022

Senate Bill S2022

2021-2022 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 Health 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jun 10, 2021	committed to rules
May 19, 2021	advanced to third reading
May 12, 2021	2nd report cal.
May 11, 2021	1st report cal.1034
Mar 16, 2021	print number 2022a
Mar 16, 2021	amend (t) and recommit to health
Jan 16, 2021	referred to health

Votes

- May 11, 2021 - Health Committee Vote
  S2022
  
  14
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 11, 2021
      
      aye (14)
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Brouk
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Oberacker
      
      Rath III
      
      Rivera
      
      Ryan
      
      Salazar
      
      Stec
      
      Thomas
      
      aye wr (1)
      
      Gallivan

Bill Amendments

Original

A (Active)

2021-S2022 - Details

Current Committee:: Senate Health
Law Section:: Public Health
Versions Introduced in 2019-2020 Legislative Session:: S8890

2021-S2022 - 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.

2021-S2022 - Sponsor Memo

                                
 
BILL NUMBER: S2022

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 2021. 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 2021, will make recommendations based on this analysis
for all facilities to help prevent future outbreaks.

 
FISCAL IMPACT:

Minimal.

 
LEGISLATIVE HISTORY:

2019-2020: S8890 (May) / A11040 (Bronson)

 
EFFECTIVE DATE:
Immediately.

2021-S2022 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2022
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04806-01-1

 S. 2022                             2
 
 information  in  a report is redacted, such department shall note on its
 website the reason for the redaction.
   §  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,  2021,
 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.

co-Sponsors

2021-S2022A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health
Versions Introduced in 2019-2020 Legislative Session:: S8890

2021-S2022A (ACTIVE) - Summary

2021-S2022A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2022A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law, in relation to 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 thereafter

 
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.

Section 2: Sets the effective date.

** The A-print version of this bill removes certain provisions related
to a study in prior versions of the bill. **

 
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. Addi-
tional visits shall be made to nursing home as needed to determine
whether violation or deficiencies have been corrected.

 
FISCAL IMPACT:

Minimal.

 
LEGISLATIVE HISTORY:

2021-2022: 52022 (May) / A1010A (Bronson)

2019-2020: 58890 (May) / A11040 (Bronson)

 
EFFECTIVE DATE:
Immediately.

2021-S2022A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2022--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  public health law, in relation to 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 thereafter
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2803 of the public health  law  is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1) THE COMMISSIONER SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE WITH-
 IN  THIRTY  DAYS, IN A LOCATION ACCESSIBLE TO THE PUBLIC, THE RESULTS OF
 ALL INSPECTIONS CONDUCTED IN A  NURSING  HOME.  ANY  PATIENT-IDENTIFYING
 INFORMATION  SHALL BE REDACTED, AND THE PUBLICATION ON THE WEBSITE SHALL
 STATE THE REASON FOR SUCH REDACTION.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  department  of  health  shall  be  responsible  for  publishing all
 inspections conducted on or after March 7, 2020.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04806-07-1

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