Bill Text: NY S03061 | 2021-2022 | General Assembly | Amended


Bill Title: Outlines requirements for reporting COVID-19, communicable diseases and deaths due to such communicable diseases for the commissioner of health, state institutions, and hospitals.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed - Dead) 2022-01-05 - REFERRED TO HEALTH [S03061 Detail]

Download: New_York-2021-S03061-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3061--A
            Cal. No. 356

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 27, 2021
                                       ___________

        Introduced  by Sens. RIVERA, BIAGGI, JACKSON, MAY, SKOUFIS -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Health -- reported favorably from said committee, ordered to  first
          report,  amended  on  first  report,  ordered  to  a second report and
          ordered reprinted, retaining its place in the order of second report

        AN ACT to amend the public health law, in relation to  reporting  COVID-
          19,  communicable  diseases  and  deaths  caused  by such communicable
          diseases

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1 of section 206 of the public health law is
     2  amended by adding two new paragraphs (e-1) and (e-2) to read as follows:
     3    (e-1) ensure that the department  updates  its  regular  reporting  of
     4  "Nursing Home and Adult Care Facility COVID Related Deaths Statewide" to
     5  include  those  COVID-19  confirmed and presumed positive cases of resi-
     6  dents who were transferred from a nursing home or adult care facility to
     7  a hospital and died in the hospital retrospective to  March  first,  two
     8  thousand  twenty.  Such update shall occur and be publicly posted within
     9  thirty days of the effective date of this subdivision;
    10    (e-2) share aggregate  reports  of  information  collected  under  the
    11  department's  emergency  survey  system  known  as  the Health Emergency
    12  Response Data System  (HERDS),  or  its  successor,  with  the  entities
    13  completing  and  submitting  the HERDS surveys, in order to support such
    14  entities' situational awareness and emergency response needs as dictated
    15  by the nature of the  emergency;  such  reports  shall  be  shared  with
    16  surveyed entities as soon as practicable after the HERDS collection, and
    17  shall  be in a form and interval appropriate to the collection frequency
    18  and circumstances of the emergency; for surveys of  duration  less  than
    19  one  week, reports shall be shared as soon as practicable, but not later
    20  than one week after final collection; for surveys of duration more  than
    21  one  week,  such  reports shall be shared no less frequently than weekly

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07694-02-1

        S. 3061--A                          2

     1  during the survey period. Information from  such  reports  may  be  made
     2  public  by  the  department and shall be used to ensure the department's
     3  public reports required pursuant to sections  twenty-one  hundred  one-a
     4  and forty-one hundred forty of this chapter are accurate and timely;
     5    §  2.  The public health law is amended by adding a new section 2101-a
     6  to read as follows:
     7    § 2101-a. Communicable diseases; duty to report; transfer of  individ-
     8  uals.  1.  When a communicable disease is reported by a person in charge
     9  of a state institution, pursuant to section  two  thousand  one  hundred
    10  five of this title, or a facility licensed under article twenty-eight of
    11  this  chapter,  pursuant to   the provisions of section two thousand one
    12  hundred one of this title, the report shall include whether the individ-
    13  ual was transferred from another institution or facility,  including  an
    14  adult  care  facility,  and identify the facility. The report shall also
    15  include whether the individual works in a health care facility and iden-
    16  tify the facility.
    17    2. During a declared public health emergency, information collected by
    18  the state and local health districts on cases of a communicable  disease
    19  associated  with  a declared public health emergency shall be maintained
    20  and updated on the department's website no less frequently than once per
    21  week to identify the number of cases of residents and staff  at  partic-
    22  ular  nursing homes and adult care facilities, together with information
    23  on deaths of residents as required by section forty-one hundred forty of
    24  this chapter.
    25    § 3. Section 4140 of the public health law is amended by adding a  new
    26  subdivision 4 to read as follows:
    27    4.  Where  the  death  is  confirmed or presumed to have occurred from
    28  COVID-19, and the individual resided in a nursing  home  or  adult  care
    29  facility at or immediately prior to such death, the commissioner and the
    30  department  of  health  of  the  city  of  New York and registrar of the
    31  district in which the death occurred shall, in addition  to  maintaining
    32  deaths by district, record such death as that of a nursing home or adult
    33  care facility resident even if the individual did not die in such facil-
    34  ity.  During  a declared public health emergency, such information shall
    35  be maintained and updated on the department's website no less frequently
    36  than once per week, together with information on cases of the communica-
    37  ble disease associated with the public health emergency of residents and
    38  staff as required by section twenty-one hundred one-a of this chapter.
    39    § 4. This act shall take effect immediately.
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