Bill Text: NY A08775 | 2021-2022 | General Assembly | Introduced
Bill Title: Directs the commissioner of health to establish and implement an infection inspection control audit and checklist on nursing homes; provides civil penalties for nursing homes who violate infection control standards.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-07 - substituted by s7726 [A08775 Detail]
Download: New_York-2021-A08775-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8775 IN ASSEMBLY January 11, 2022 ___________ Introduced by M. of A. BURKE -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to directing the department of health to establish and implement an infection inspection audit and checklist on nursing homes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 and the opening paragraph and subpar- 2 agraphs (iv) and (vii) of paragraph (a) of subdivision 3 of section 3 2803-aa of the public health law, as added by a chapter of the laws of 4 2021 amending the public health law relating to directing the department 5 of health to establish and implement an infection inspection control 6 audit and checklist on nursing homes, as proposed in legislative bills 7 numbers S. 1783-A and A. 6057-A, are amended to read as follows: 8 1. The commissioner shall establish in the department a program for 9 audits of nursing homes to measure specific core competencies relating 10 to infection control of each nursing home. The audits shall commence on 11 [October] December 1, [2021] 2022, and shall be conducted annually ther- 12 eafter. 13 2. (a) The audit shall utilize a checklist that is consistent with 14 focused infection control survey standards issued by the federal centers 15 for Medicare and Medicaid services to evaluate infection control compe- 16 tency of each nursing home. 17 (b) A nursing home [meeting at least eighty-five percent of the crite-18ria on the checklist shall] must meet all metrics on the checklist 19 developed pursuant to paragraph (a) of this subdivision to be scored as 20 ["proficient"] in compliance with infection control [competency]. 21 (c) If a nursing home [meets between sixty percent and eighty-four22percent of the required criteria within the checklist, the nursing home23will be scored as "proficiency pending reinspection." Such nursing home24will be audited by the department at least once before the next annual25inspection] fails to meet all metrics on the checklist developed pursu- 26 ant to paragraph (a) of this subdivision, the department shall conduct 27 another infection control audit within ninety days of the initial deter- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02904-08-2A. 8775 2 1 mination. The department shall continue to conduct such ninety day 2 audits until the nursing home is scored as in compliance with infection 3 control competency. The department may also pursue administrative penal- 4 ties, including but not limited to citation for violation of infection 5 control standards and imposing civil monetary penalties pursuant to 6 section twelve of this chapter. 7 [(d) A nursing home that meets less than sixty percent of the criteria8within the checklist, or fails a proficiency pending reinspection, shall9be scored as "not proficient".10Facilities scored as "not proficient" shall continue to be audited at11monthly intervals until such facilities meet at least eighty-five12percent of the criteria within the checklist.] 13 An audit of core competencies shall include, but not be limited to, 14 the following, and shall be consistent with [applicable federal, state15and local guidelines and requirements] focused infection control survey 16 standards issued by the federal centers for Medicare and Medicaid 17 services: 18 (iv) The nursing home shall have a staffing and cohorting plan to 19 limit transmission [that shall] , which is based on national (for exam- 20 ple, centers of disease control and centers for Medicare and Medicaid 21 services), state or local public health authority recommendations. Such 22 staffing and cohorting plan may include, but not be limited to: 23 (A) [Dedicated] Having dedicated, consistent staffing teams who 24 directly interact with residents that are confirmed or suspected to be 25 infected with a contagious or infectious disease; [and] 26 (B) Limiting clinical and other staff who have direct resident contact 27 to specific areas of the facility[. There shall be no rotation of staff] 28 and not rotating staff between various areas of the facility during the 29 period they are working each day during periods of recognized outbreaks; 30 and 31 (C) Having a dedicated space in the facility for cohorting and manag- 32 ing care for residents with an infectious disease, such as COVID-19. 33 (vii) The nursing home must designate a staff member [for every shift] 34 or members who is responsible for ensuring the proper use of personal 35 protective equipment by all staff. 36 § 2. This act shall take effect on the same date and in the same 37 manner as a chapter of the laws of 2021 amending the public health law 38 relating to directing the department of health to establish and imple- 39 ment an infection inspection audit and checklist on nursing homes, as 40 proposed in legislative bills numbers S. 1783-A and A. 6057-A, takes 41 effect.