Bill Text: NY S04826 | 2021-2022 | General Assembly | Introduced
Bill Title: Establishes an emergency public health transparency and accountability council to receive reports of allegations of violations of any law, regulation or executive order related to the COVID-19 outbreak, in nursing homes and adult care facilities, or any conditions or actions that otherwise put any health care provider or resident of a nursing home or adult care facility at unnecessary risk.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S04826 Detail]
Download: New_York-2021-S04826-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4826 2021-2022 Regular Sessions IN SENATE February 12, 2021 ___________ Introduced by Sens. SERINO, AKSHAR, BORRELLO, BROOKS, JORDAN, ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to establishing an emergency public health transparency and accountability council, and providing for the repeal of such provisions upon expiration thereof 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 article 2 27-L to read as follows: 3 ARTICLE 27-L 4 EMERGENCY PUBLIC HEALTH TRANSPARENCY AND ACCOUNTABILITY COUNCIL 5 Section 2799-v. Emergency public health transparency and accountability 6 council. 7 § 2799-v. Emergency public health transparency and accountability 8 council. 1. There shall be established within the department an emergen- 9 cy public health transparency and accountability council to be composed 10 of eleven members, including the state long-term care ombudsman pursuant 11 to section two hundred eighteen of the elder law, ex officio, or a 12 designee, and ten members who shall be appointed by the governor, with 13 eight of these members appointed as follows: 14 (a) two members upon the recommendation of the temporary president of 15 the senate; 16 (b) two members upon the recommendation of the minority leader of the 17 senate; 18 (c) two members upon the recommendation of the speaker of the assem- 19 bly; and 20 (d) two members upon the recommendation of the minority leader of the 21 assembly. 22 Vacancies in the membership of such council shall be filled by the 23 appropriate appointing authority. The governor shall select a chair- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08027-01-1S. 4826 2 1 person from among the members of the council. The members of the council 2 shall include retired health care providers with relevant experience, 3 including but not limited to administrative experience in a nursing home 4 or adult care facility, and who shall represent diverse geographic 5 regions of the state. 6 2. For as long as the governor's declaration of a state disaster emer- 7 gency, pursuant to executive order number two hundred two of two thou- 8 sand twenty, remains in effect, the emergency public health transparency 9 and accountability council shall submit daily reports pursuant to subdi- 10 vision four of this section to the governor, the commissioner, the 11 director of the office for the aging, and each member of the state 12 legislature. Such reports may be in an electronic format. 13 3. (a) Within amounts appropriated therefor, the department shall 14 establish a statewide toll-free telephone number (a "hotline") to 15 receive reports of allegations of violations of any law, regulation or 16 executive order related to the COVID-19 outbreak, in nursing homes and 17 adult care facilities, or any conditions or actions that otherwise put 18 any health care provider or resident of a nursing home or adult care 19 facility at unnecessary risk. The hotline shall receive such allegations 20 twenty-four hours per day, seven days a week. The hotline shall accept 21 anonymous calls. 22 (b) When any allegation that could reasonably constitute a violation 23 of any law, regulation or executive order related to the COVID-19 24 outbreak in a nursing home or adult care facility, or any conditions or 25 actions that otherwise put any health care provider or resident of a 26 nursing home or adult care facility at unnecessary risk, is received by 27 the hotline, the hotline shall accept and immediately transmit notice of 28 the report to the emergency public health transparency and accountabil- 29 ity council. 30 (c) The commissioner is authorized to promulgate rules and regulations 31 to facilitate the implementation and operation of the hotline, including 32 but not limited to, procedures for timely and accurate referrals to the 33 council, as well as procedures for ensuring compliance with appropriate 34 confidentiality requirements. 35 (d) Allegations of violations received by the department pursuant to 36 subdivision two of this section, other than those categorized as unre- 37 lated to the COVID-19 outbreak, shall automatically be deemed a high 38 priority by the department for investigation, and the department shall 39 direct the commencement of an investigation by the appropriate agency, 40 board or officer of such allegation within twenty-four hours. 41 4. (a) The emergency public health transparency and accountability 42 council shall review reported allegations of violations and allegations 43 of conditions or actions that put health care providers or residents of 44 a nursing home or adult care facility at unnecessary risk which are 45 received by the hotline pursuant to subdivision three of this section 46 daily for as long as the governor's declaration of a state disaster 47 emergency, pursuant to executive order number two hundred two of two 48 thousand twenty, remains in effect. Provided, however, that the council 49 shall not be required to meet in person and may utilize available audi- 50 o-video technology. 51 (b) The council shall categorize allegations by, including but not 52 limited to, allegations of insufficient personal protective equipment, 53 allegations of insufficient COVID-19 testing for health care providers 54 or residents, allegations of failure to adhere to appropriate care 55 guidelines and allegations unrelated to the COVID-19 outbreak. After 56 reviewing each new allegation, the council shall compose a report ofS. 4826 3 1 such allegations, broken down by category, along with recommendations 2 for best practices and solutions to immediately address such violations. 3 Provided, however, that reports submitted to members of the state legis- 4 lature shall not include specific identifying information about the 5 allegations. 6 5. The members of the emergency public health transparency and 7 accountability council shall receive no compensation for their services, 8 but shall be allowed their actual and necessary expenses incurred in the 9 performance of their duties hereunder. 10 6. (a) Any person who in good faith makes a report of allegations of 11 violations of any law, regulation or executive order related to the 12 COVID-19 outbreak in nursing homes and adult care facilities, or any 13 conditions or actions that otherwise put any health care provider or 14 resident of a nursing home or adult care facility at unnecessary risk 15 pursuant to this section, including those who in good faith make a 16 report to the wrong recipient, shall have immunity from criminal liabil- 17 ity which might otherwise result by reason of such actions. 18 (b) Any person who reasonably and in good faith makes a report of 19 allegations of violations of any law, regulation or executive order 20 related to the COVID-19 outbreak in nursing homes and adult care facili- 21 ties, or any conditions or actions that otherwise put any health care 22 provider or resident of a nursing home or adult care facility at unnec- 23 essary risk pursuant to this section, shall have immunity from civil 24 liability which might otherwise result by reason of such actions. 25 § 2. This act shall take effect immediately; provided that the 26 provisions of this act shall expire and be deemed repealed on the day of 27 the expiration of the declared state of emergency relating to the novel 28 coronavirus (COVID-19); and provided, further, that the superintendent 29 of financial services shall notify the legislative bill drafting commis- 30 sion upon the occurrence of the expiration of the state disaster emer- 31 gency declared by executive order number 202 and any further amendments 32 or modifications, and as may be further extended pursuant to section 28 33 of the executive law, in order that the commission may maintain an accu- 34 rate and timely effective data base of the official text of the laws of 35 the state of New York in furtherance of effectuating the provisions of 36 section 44 of the legislative law and section 70-b of the public offi- 37 cers law.
