S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    627
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2023
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT to amend the public health law, in relation to infection control
   planning 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. Clause (A) of subparagraph (i) of paragraph (a) of subdivi-
 sion  12 of section 2803 of the public health law, as amended by a chap-
 ter of the laws of 2022 amending  the  public  health  law  relating  to
 requiring  infection  updates and infection control planning in residen-
 tial health care facilities, as proposed in legislative bills numbers S.
 1785-A and A. 6052, is amended to read as follows:
   (A) to update  authorized  family  members  and  [guardians]  RESIDENT
 REPRESENTATIVES  of  infected residents at least once per day and upon a
 change in a resident's condition and at least once a week to update  all
 residents  and  authorized  families  and [guardians] RESIDENT REPRESEN-
 TATIVES on the number of infections and deaths at the facility,  and  to
 update all residents, authorized family members, and [guardians of resi-
 dents] RESIDENT REPRESENTATIVES at the facility [within twelve hours of]
 NOT  LATER  THAN  FIVE  O'CLOCK P.M. THE NEXT CALENDAR DAY FOLLOWING the
 detection of [the presence of an] A CONFIRMED infection [by] OF a  resi-
 dent  or  staff  member,  OR  AT  SUCH EARLIER TIME AS GUIDANCE FROM THE
 FEDERAL CENTERS FOR  MEDICAID  AND  MEDICARE  SERVICES  OR  CENTERS  FOR
 DISEASE  CONTROL AND PREVENTION MAY PROVIDE, by electronic or such other
 means as may be selected by each resident, authorized family  member  or
 [guardian] RESIDENT REPRESENTATIVE; and
   §  2.  Clause (C) of subparagraph (ii) of paragraph (a) of subdivision
 12 of section 2803 of the public health law, as added by  a  chapter  of
 the  laws  of  2022 amending the public health law relating to requiring
 infection updates and infection control planning in  residential  health
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04188-01-3
 A. 627                              2
              

 
 care  facilities, as proposed in legislative bills numbers S. 1785-A and
 A. 6052, is amended to read as follows:
   (C) a plan or procedure [designating a separate cohort area], CONSIST-
 ENT  WITH  ANY  GUIDANCE  ISSUED BY THE FEDERAL CENTERS FOR MEDICAID AND
 MEDICARE SERVICES OR CENTERS FOR DISEASE  CONTROL  AND  PREVENTION,  FOR
 PLACEMENT  OR  GROUPING  OF RESIDENTS WITHIN A FACILITY TO REDUCE TRANS-
 MISSION OF THE PANDEMIC DISEASE during an infectious disease outbreak in
 the residential health care facility [for the  separation  of  residents
 that  are  suspected  of  being  infectious, including the creation of a
 designated infectious disease care unit]; and
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a chapter of the laws of 2022 amending the public health law
 relating to requiring infection updates and infection  control  planning
 in  residential health care facilities, as proposed in legislative bills
 numbers S. 1785-A and A. 6052, takes effect.