Bill Text: NY A00627 | 2023-2024 | General Assembly | Introduced


Bill Title: Requires nursing homes to follow Federal CDC or medicare and medicaid guidance relating to infectious disease control planning and procedures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-03-03 - signed chap.20 [A00627 Detail]

Download: New_York-2023-A00627-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           627

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Clause (A) of subparagraph (i) of paragraph (a) of subdivi-
     2  sion  12 of section 2803 of the public health law, as amended by a chap-
     3  ter of the laws of 2022 amending  the  public  health  law  relating  to
     4  requiring  infection  updates and infection control planning in residen-
     5  tial health care facilities, as proposed in legislative bills numbers S.
     6  1785-A and A. 6052, is amended to read as follows:
     7    (A) to update  authorized  family  members  and  [guardians]  resident
     8  representatives  of  infected residents at least once per day and upon a
     9  change in a resident's condition and at least once a week to update  all
    10  residents  and  authorized  families  and [guardians] resident represen-
    11  tatives on the number of infections and deaths at the facility,  and  to
    12  update all residents, authorized family members, and [guardians of resi-
    13  dents] resident representatives at the facility [within twelve hours of]
    14  not  later  than  five  o'clock p.m. the next calendar day following the
    15  detection of [the presence of an] a confirmed infection [by] of a  resi-
    16  dent  or  staff  member,  or  at  such earlier time as guidance from the
    17  federal centers for  Medicaid  and  medicare  services  or  centers  for
    18  disease  control and prevention may provide, by electronic or such other
    19  means as may be selected by each resident, authorized family  member  or
    20  [guardian] resident representative; and
    21    §  2.  Clause (C) of subparagraph (ii) of paragraph (a) of subdivision
    22  12 of section 2803 of the public health law, as added by  a  chapter  of
    23  the  laws  of  2022 amending the public health law relating to requiring
    24  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

     1  care  facilities, as proposed in legislative bills numbers S. 1785-A and
     2  A. 6052, is amended to read as follows:
     3    (C) a plan or procedure [designating a separate cohort area], consist-
     4  ent  with  any  guidance  issued by the federal centers for Medicaid and
     5  medicare services or centers for disease  control  and  prevention,  for
     6  placement  or  grouping  of residents within a facility to reduce trans-
     7  mission of the pandemic disease during an infectious disease outbreak in
     8  the residential health care facility [for the  separation  of  residents
     9  that  are  suspected  of  being  infectious, including the creation of a
    10  designated infectious disease care unit]; and
    11    § 3. This act shall take effect on the  same  date  and  in  the  same
    12  manner  as  a chapter of the laws of 2022 amending the public health law
    13  relating to requiring infection updates and infection  control  planning
    14  in  residential health care facilities, as proposed in legislative bills
    15  numbers S. 1785-A and A. 6052, takes effect.
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