S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4074
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   long COVID-19 review board
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Legislative intent. The legislature finds, determines  and
 declares  that COVID-19 has had a devastating impact on the state of New
 York. Since the first recorded death of a New  York  resident  from  the
 virus on March fourteenth, two thousand twenty, tens of thousands of New
 Yorkers  have  lost  their  lives  to COVID-19. The sudden emergence and
 rapid spread of COVID-19 around the world has led to an evolving  under-
 standing  of  the transmissibility, virulence, and symptoms of the virus
 by scientists and public health experts  that  continues  to  this  day.
 There  is  growing  awareness  and  concern about post-COVID conditions,
 sometimes referred to as "long COVID," in which a small but  significant
 percentage  of  patients  experience persistent symptoms weeks or months
 after recovering from their initial infection.  It  is  vital  that  the
 state of New York commit to monitoring and tracking the long-term health
 impacts  of  COVID-19,  even as effective vaccines are widely available.
 Studying New Yorkers who survived COVID-19 infection holds  the  promise
 of  providing  public health experts with information that may lead to a
 better understanding of trends in long-term illness  and  recovery,  and
 the  needs  of  survivors,  particularly those suffering from post-COVID
 conditions.
   § 2. Section 2180 of the public health law is amended by adding a  new
 subdivision 21 to read as follows:
   21.  "LONG COVID" MEANS SYMPTOMS THAT PERSIST AFTER THE ACUTE COVID-19
 INFECTION HAS RESOLVED.
   § 3. The public health law is amended by adding a new section 2184  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07618-01-3
              

 A. 4074                             2
 
   §  2184.  LONG COVID-19 STUDY.   1. THERE IS HEREBY ESTABLISHED IN THE
 DEPARTMENT THE LONG COVID-19 REVIEW BOARD FOR THE PURPOSE  OF  REVIEWING
 THE  RESEARCH  AND  DATA  IN  THE STATE ON LONG COVID AND DEVELOPING AND
 DISSEMINATING FINDINGS, RECOMMENDATIONS, AND BEST PRACTICES TO  CONTRIB-
 UTE TO THE PREVENTION OF LONG COVID.
   2. (A) THE BOARD SHALL BE COMPOSED OF AT LEAST FIFTEEN MEMBERS, ALL OF
 WHOM  SHALL  BE  APPOINTED  BY  THE  COMMISSIONER.  THE  BOARD  SHALL BE
 COMPRISED OF MULTIDISCIPLINARY EXPERTS IN THE FIELD OF  VIROLOGY,  IMMU-
 NOLOGY,  COVID-19  AND  PUBLIC  HEALTH,  AND  SHALL  INCLUDE HEALTH CARE
 PROFESSIONALS OR OTHER EXPERTS WHO SERVE AND ARE REPRESENTATIVE  OF  THE
 DIVERSITY  OF NEW YORKERS IN MEDICALLY UNDERSERVED AREAS OF THE STATE OR
 AREAS OF THE STATE WITH DISPROPORTIONATELY HIGH OCCURRENCES OF COVID-19.
   (B) BOARD MEMBERS SHALL SERVE FOR TERMS OF THREE  YEARS.  THE  COMMIS-
 SIONER  MAY  CHOOSE  TO REAPPOINT BOARD MEMBERS TO ADDITIONAL THREE-YEAR
 TERMS.
   (C) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE BOARD SHALL  CONSTI-
 TUTE A QUORUM.
   (D) IF ANY MEMBER OF THE STATE BOARD FAILS TO ATTEND THREE CONSECUTIVE
 REGULAR MEETINGS, UNLESS SUCH ABSENCE IS FOR GOOD CAUSE, THAT MEMBERSHIP
 MAY BE DEEMED VACANT FOR PURPOSES OF THE APPOINTMENT OF A SUCCESSOR.
   (E)  MEETINGS  OF  THE STATE BOARD SHALL BE HELD AT LEAST TWICE A YEAR
 BUT MAY BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO  REQUEST
 OF THE DEPARTMENT.
   (F)  MEMBERS OF BOARDS SHALL BE INDEMNIFIED UNDER SECTION SEVENTEEN OF
 THE PUBLIC OFFICERS LAW OR SECTION FIFTY-K OF THE GENERAL MUNICIPAL LAW,
 AS APPLICABLE.
   (G) MEMBERS OF THE BOARD SHALL NOT BE COMPENSATED  FOR  THEIR  PARTIC-
 IPATION  ON THE BOARD BUT SHALL RECEIVE REIMBURSEMENT FOR THEIR ORDINARY
 AND NECESSARY EXPENSES OF PARTICIPATION IN ACTIVITIES OF THE BOARD.
   (H) MEMBERSHIP ON THE BOARD SHALL NOT DISQUALIFY ANY PERSON FROM HOLD-
 ING ANY PUBLIC OFFICE OR EMPLOYMENT.
   3. THE BOARD, IN CONJUNCTION WITH OTHER DEPARTMENTS OR EXPERTS  WITHIN
 THE  FIELD, SHALL CONDUCT A COMPREHENSIVE STUDY FOR THE PURPOSE OF MONI-
 TORING THE LONG-TERM HEALTH IMPACTS OF  THE  COVID-19  VIRUS.  THE  DATA
 COLLECTED  SHALL  ONLY BE UTILIZED AS AUTHORIZED UNDER STATE AND FEDERAL
 LAW TO INFORM THE STATE'S EFFORTS TO ADVANCE THE CARE OF PEOPLE RECOVER-
 ING FROM COVID-19. THE PURPOSE OF THE STUDY SHALL BE TO:
   (A) MONITOR THE  LONG-TERM  PHYSICAL  AND  MENTAL  HEALTH  IMPACTS  OF
 COVID-19  INFECTIONS,  INCLUDING,  BUT NOT LIMITED TO, POST-COVID CONDI-
 TIONS;
   (B) IDENTIFY RACIAL, GENDER AND SEXUAL ORIENTATION DISPARITIES IN LONG
 COVID;
   (C) REVIEW CURRENT PROTOCOLS FOR TREATMENT OF LONG COVID;
   (D) DEVELOP AND DISSEMINATE STRATEGIES FOR REDUCING THE RISK  OF  LONG
 COVID, INCLUDING RISK RESULTING FROM RACIAL, ECONOMIC, OR OTHER DISPARI-
 TIES; AND
   (E)  ADVANCE  PREVENTION,  DIAGNOSIS,  TREATMENT AND INTERVENTIONS FOR
 INDIVIDUALS EXPERIENCING LONG COVID.
   4. THE COMMISSIONER MAY REQUEST AND SHALL RECEIVE  UPON  REQUEST  FROM
 ANY  DEPARTMENT,  DIVISION,  BOARD,  BUREAU,  COMMISSION,  LOCAL  HEALTH
 DEPARTMENTS OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THERE-
 OF OR ANY PUBLIC AUTHORITY, AS WELL AS HOSPITALS ESTABLISHED PURSUANT TO
 ARTICLE TWENTY-EIGHT OF THIS CHAPTER, BIRTHING FACILITIES, MEDICAL EXAM-
 INERS, CORONERS AND CORONER PHYSICIANS AND ANY OTHER FACILITY  PROVIDING
 SERVICES  ASSOCIATED WITH COVID-19, SUCH INFORMATION, INCLUDING, BUT NOT
 LIMITED TO, DEATH RECORDS, MEDICAL RECORDS, AUTOPSY REPORTS,  TOXICOLOGY
 A. 4074                             3
 
 REPORTS,  HOSPITAL DISCHARGE RECORDS, BIRTH RECORDS AND ANY OTHER INFOR-
 MATION THAT WILL HELP THE DEPARTMENT TO PROPERLY  CARRY  OUT  THE  FUNC-
 TIONS, POWERS AND DUTIES OF THE BOARD AS DESCRIBED IN THIS SECTION.
   5.  (A)  THE COMMISSIONER MAY SOLICIT VOLUNTARY INFORMATION, INCLUDING
 ORAL OR WRITTEN STATEMENTS, RELATING TO LONG COVID CASES, FROM ANY FAMI-
 LY MEMBER OR OTHER INTERESTED PARTY INCLUDING THE PATIENT,  ORAL  STATE-
 MENTS  RECEIVED  UNDER THIS PARAGRAPH SHALL BE TRANSCRIBED OR SUMMARIZED
 IN WRITING. THE COMMISSIONER SHALL TRANSMIT INFORMATION OBTAINED  PURSU-
 ANT TO THIS SUBDIVISION TO THE BOARD.
   (B) BEFORE TRANSMITTING ANY INFORMATION TO THE BOARD, THE COMMISSIONER
 SHALL REMOVE ALL PERSONAL IDENTIFYING INFORMATION OF THE PATIENT, HEALTH
 CARE  PRACTITIONER OR PRACTITIONERS OR ANYONE ELSE INDIVIDUALLY NAMED IN
 SUCH INFORMATION, AS WELL AS THE HOSPITAL OR FACILITY THAT  TREATED  THE
 PATIENT,  AND ANY OTHER INFORMATION SUCH AS GEOGRAPHIC LOCATION THAT MAY
 INADVERTENTLY IDENTIFY THE PATIENT, PRACTITIONER OR FACILITY. THIS PARA-
 GRAPH SHALL NOT PRECLUDE THE TRANSMITTING OF INFORMATION  TO  THE  BOARD
 THAT IS REASONABLY NECESSARY TO ENABLE THE BOARD TO PERFORM AN APPROPRI-
 ATE REVIEW UNDER THIS SECTION.
   (C)  THE  COMMISSIONER  MAY  SHARE  NON-PATIENT  SPECIFIC  INFORMATION
 OBTAINED PURSUANT TO THIS SUBDIVISION WITH RESEARCHERS FOR  THE  PURPOSE
 OF  MEDICAL,  PUBLIC HEALTH OR OTHER SCIENTIFIC RESEARCH. AS A CONDITION
 OF SHARING SUCH DATA OR INFORMATION, ANY SUBSEQUENTLY PUBLISHED STUDIES,
 REPORTS OR FINDINGS THAT USED SUCH DATA OR  INFORMATION  SHALL  BE  MADE
 AVAILABLE AT NO CHARGE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
   (D)  ALL  PERSONAL  INFORMATION  ABOUT PEOPLE RECOVERING FROM COVID-19
 SHALL BE KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY  NOT  BE  DISCLOSED
 EXCEPT FOR THE PURPOSES DESCRIBED IN THIS SUBDIVISION.
   (E) THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING PERMIT-
 TED  PURPOSES  AND USES OF STUDY INFORMATION. ALL SUCH REGULATIONS SHALL
 MAINTAIN THE ANONYMITY OF INDIVIDUALS AND GOVERN ACCESS  TO  INFORMATION
 MAINTAINED  BY  THE  DEPARTMENT. IT SHALL NOT BE A PERMITTED PURPOSE FOR
 THE DEPARTMENT OR ANY AUTHORIZED USER OF THE STUDY TO  PROVIDE  INFORMA-
 TION  CONTAINED  IN  THE  STUDY  WITH IMMIGRATION AUTHORITIES. THE STUDY
 SHALL COMPLY WITH ALL STATE AND FEDERAL LAWS AND REGULATIONS RELATED  TO
 MAINTAINING  THE  PRIVACY  AND CONFIDENTIALITY OF RECORDS CONTAINED WITH
 THE STUDY.
   6. (A) THE COMMISSIONER SHALL SUBMIT ON OR BEFORE DECEMBER  FIRST,  AN
 ANNUAL  REPORT TO THE GOVERNOR AND THE LEGISLATURE CONCERNING THE OPERA-
 TION AND FINDINGS OF THE STUDY. THE FIRST  SUCH  REPORT  REQUIRED  UNDER
 THIS  SECTION  SHALL BE PUBLISHED ON DECEMBER FIRST OF THE CALENDAR YEAR
 FOLLOWING THE COMMENCEMENT OF THE STUDY, AND SHALL INCLUDE THE  FINDINGS
 OF  ANY  SURVEYS CONDUCTED BY THE DEPARTMENT ON LONG COVID-19, THE FIND-
 INGS OF ANY SCIENTIFIC STUDIES, PAPERS, OR REPORTS PRODUCED  USING  DATA
 OR  INFORMATION  COLLECTED  IN  THE STUDY, AND RECOMMENDATIONS FOR STATE
 ACTION TO ADDRESS HEALTH ISSUES OR TRENDS IDENTIFIED BY THE DEPARTMENT.
   (B) THE COMMISSIONER, WITHIN THEIR LEGAL AUTHORITY, MAY USE THE RECOM-
 MENDATIONS AND FINDINGS OF THE  BOARD  TO  DEVELOP  GUIDANCE  AND  OTHER
 ACTIONS  RELATING  TO  BEST PRACTICES, AND SHALL DISSEMINATE INFORMATION
 RELATING TO THAT GUIDANCE AND OTHER ACTIONS TO APPROPRIATE  HEALTH  CARE
 PROVIDERS.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.