Bill Text: NY A11105 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires residential health care facilities have in their pandemic emergency plan a plan or procedure for designating a separate cohort area.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-06 - referred to health [A11105 Detail]

Download: New_York-2019-A11105-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          11105

                   IN ASSEMBLY

                                    November 6, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
          -- read once and referred to the Committee 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. Section 2803 of the public health law is amended by  adding
     2  a new subdivision 13 to read as follows:
     3    13. (a) The commissioner shall require residential health care facili-
     4  ties,  as part of their pandemic emergency plan, establish and implement
     5  a plan or procedure designating a separate cohort area during an  infec-
     6  tious disease outbreak in the residential health care facility including
     7  minimum  standards  for  residential  health  care  facilities infection
     8  control cohorting policies and/or procedures and shall inspect and eval-
     9  uate all residential health care  facilities  cohort  area  policies  or
    10  procedures.
    11    (b)  If a residential health care facility is unable to meet the mini-
    12  mum standards established by the commissioner  under  this  subdivision,
    13  the facility may request approval for the waiver of this requirement. If
    14  a  facility  is incapable of establishing such cohorting policies and/or
    15  procedures, the commissioner  may  approve  a  waiver  of  a  designated
    16  cohorting area at a facility.
    17    (c) If a residential health care facility's cohorting policy or proce-
    18  dure  is not approved by the commissioner, and the commissioner does not
    19  approve a waiver, the residential health care facility shall be  subject
    20  to  penalties  determined  by  the  commissioner. The commissioner shall
    21  establish penalties for facilities that violate the requirements of this
    22  subdivision which shall include, but are not limited to, license  and/or
    23  state  reimbursements  contingent on a submitted and approved plan or an
    24  approved waiver.
    25    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17349-01-0