Bill Text: NY A06148 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires hospitals and medical facilities to notify nursing homes or assisted living facilities upon receipt of a positive COVID-19 test result for a resident of such nursing home or assisted living facility; provides penalties for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A06148 Detail]

Download: New_York-2021-A06148-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6148

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 10, 2021
                                       ___________

        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:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  2183 to read as follows:
     3    §  2183.  Nursing  home notification upon receipt of positive test. 1.
     4  When medically indicated, upon the admission to a  hospital  or  medical
     5  facility  of  a  patient who is a resident of a nursing home or assisted
     6  living facility, such patient or the patient's authorized representative
     7  shall be provided with a consent form  that  explicitly  authorizes  the
     8  hospital  or  medical  facility  to inform the patient's nursing home or
     9  assisted living facility of the receipt  of  a  positive  result  for  a
    10  COVID-19 test prior to the patient being discharged from the hospital or
    11  medical facility.
    12    2.  A  hospital or medical facility that receives a patient's positive
    13  COVID-19 test result shall inform the patient's nursing home or assisted
    14  living facility of the result prior to the patient being discharged from
    15  the hospital or medical facility.
    16    3. A hospital or medical facility that fails to give  notification  as
    17  required  by  this section shall be subject to a civil fine of one thou-
    18  sand dollars for each day or  part  thereof  that  notification  is  not
    19  given.  All  fines  collected  pursuant  to  this  subdivision  shall be
    20  collected by the department and shall be deposited by  the  commissioner
    21  and  credited to the disease management account established by the comp-
    22  troller in the special revenue-other fund.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08733-03-1
        A. 6148                             2

     1    4. The commissioner  shall  promulgate  regulations  as  necessary  to
     2  implement  the  provisions  of  this  section.  Such  regulations  shall
     3  include, but not be limited to:
     4    (a)  guidelines  and  procedures  for obtaining fully informed consent
     5  from patients; and
     6    (b) guidelines and procedures for the reporting of a  patient's  posi-
     7  tive  COVID-19 results to a nursing home or assisted living facility and
     8  for maintaining the confidentiality of such results.
     9    § 2. This act shall take effect on the thirtieth day  after  it  shall
    10  have become a law.  Effective immediately the addition, amendment and/or
    11  repeal  of  any  rule  or regulation necessary for the implementation of
    12  this act on its effective date are authorized to be made  and  completed
    13  on or before such date.