Bill Text: NY S00845 | 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: (Introduced) 2023-02-06 - SUBSTITUTED BY A627 [S00845 Detail]

Download: New_York-2023-S00845-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           845

                               2023-2024 Regular Sessions

                    IN SENATE

                                     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:

     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
        S. 845                              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.