S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1105
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to amend the public health law, in relation to requiring hospi-
   tals and medical facilities to notify nursing homes or assisted living
   facilities upon receipt of a positive COVID-19 test result for a resi-
   dent of such nursing home or assisted living  facility  and  providing
   penalties for violations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2184 to read as follows:
   §  2184.  NURSING  HOME NOTIFICATION UPON RECEIPT OF POSITIVE TEST. 1.
 WHEN MEDICALLY INDICATED, UPON THE ADMISSION TO A  HOSPITAL  OR  MEDICAL
 FACILITY  OF  A  PATIENT WHO IS A RESIDENT OF A NURSING HOME OR ASSISTED
 LIVING FACILITY, SUCH PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE
 SHALL BE PROVIDED WITH A CONSENT FORM  THAT  EXPLICITLY  AUTHORIZES  THE
 HOSPITAL  OR  MEDICAL  FACILITY  TO INFORM THE PATIENT'S NURSING HOME OR
 ASSISTED LIVING FACILITY OF THE RECEIPT  OF  A  POSITIVE  RESULT  FOR  A
 COVID-19 TEST PRIOR TO THE PATIENT BEING DISCHARGED FROM THE HOSPITAL OR
 MEDICAL FACILITY.
   2.  A  HOSPITAL OR MEDICAL FACILITY THAT RECEIVES A PATIENT'S POSITIVE
 COVID-19 TEST RESULT SHALL INFORM THE PATIENT'S NURSING HOME OR ASSISTED
 LIVING FACILITY OF THE RESULT PRIOR TO THE PATIENT BEING DISCHARGED FROM
 THE HOSPITAL OR MEDICAL FACILITY.
   3. A HOSPITAL OR MEDICAL FACILITY THAT FAILS TO GIVE  NOTIFICATION  AS
 REQUIRED  BY  THIS SECTION SHALL BE SUBJECT TO A CIVIL FINE OF ONE THOU-
 SAND DOLLARS FOR EACH DAY OR  PART  THEREOF  THAT  NOTIFICATION  IS  NOT
 GIVEN.  ALL  FINES  COLLECTED  PURSUANT  TO  THIS  SUBDIVISION  SHALL BE
 COLLECTED BY THE DEPARTMENT AND SHALL BE DEPOSITED BY  THE  COMMISSIONER
 AND  CREDITED TO THE DISEASE MANAGEMENT ACCOUNT ESTABLISHED BY THE COMP-
 TROLLER IN THE SPECIAL REVENUE-OTHER FUND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03164-01-3
              

 A. 1105                             2
 
   4. THE COMMISSIONER  SHALL  PROMULGATE  REGULATIONS  AS  NECESSARY  TO
 IMPLEMENT  THE  PROVISIONS  OF  THIS  SECTION.  SUCH  REGULATIONS  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A)  GUIDELINES  AND  PROCEDURES  FOR OBTAINING FULLY INFORMED CONSENT
 FROM PATIENTS; AND
   (B) GUIDELINES AND PROCEDURES FOR THE REPORTING OF A  PATIENT'S  POSI-
 TIVE  COVID-19 RESULTS TO A NURSING HOME OR ASSISTED LIVING FACILITY AND
 FOR MAINTAINING THE CONFIDENTIALITY OF SUCH RESULTS.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such date.