S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    845
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 845                              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.