Requires the commissioner of health to promulgate rules and regulations requiring nursing homes and residential health care facilities to test all residents of such nursing homes and residential healthcare facilities for the novel coronavirus (COVID-19).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1058
SPONSOR: Jacobson TITLE OF BILL:
An act requiring the commissioner of health to promulgate rules and
regulations requiring nursing homes and residential health care facili-
ties to test all residents of such nursing homes and residential health
care facilities for the novel coronavirus (COVID-19)
PURPOSE:
To require the Commissioner of Health to implement a requirement, within
14 days after this bill shall become law, for all nursing homes and
residential health care facilities to test all residents for COVID-19
every 30 days and within 7 days after a staff member or another resident
tests positive. This requirement would apply during the state of emer-
gency and for 60 days thereafter. After the state of emergency has been
over for 60 days, all residents must be tested for COVID19 within 7 days
after a resident or staff member tests positive for COVID-19 and again
30 days after the initial testing.
SUMMARY OF PROVISIONS:
Section 1 (a) provides that within 14 days after this bill shall become
law, the Commissioner of Health shall promulgate rules and regulations
requiring nursing homes and residential health care facilities to test
all residents of such nursing homes and residential health care facili-
ties for the novel coronavirus (COVID-19) during the state disaster
emergency declared pursuant to Executive Order Number 202 of 2020, as
amended, every 30 days, and additionally, within one week after a member
of the staff of the facility or nursing home or another resident tests
positive for COVID-19, and for 60 days after the expiration of such
Executive Order, as amended.
Section 1(b) provides that after 60 days after the state of emergency
has expired, if a resident or staff member tests positive then all resi-
dents must be tested with 7 days and again 30 days thereafter.
Section 2 sets forth the effective date which is immediately.
JUSTIFICATION:
The residents of our nursing homes and residential health care facili-
ties are among our most vulnerable populations. These mostly older resi-
dents live in close quarters, share many communal areas, and, in some
cases, share rooms with other residents. For these reasons and more,
nursing homes and residential health care facilities are ideal breeding
grounds for any virus, particularly one that is as deadly and as easily
transmitted as COVID-19. The March 25, 2020 Department of Health direc-
tive making it illegal for nursing homes and residential health care
facilities to "deny the admission of residents solely based on a
confirmed or suspected diagnosis of COVID-19" put this already vulner-
able population at even greater risk. Since then, the State has modified
this policy and no longer requires the admittance of COVID positive
individuals if the facility involved is not properly equipped to handle
them. A facility can now deny admittance if it cannot safely separate
infected individuals from other residents, if-it is unable to provide
infected individuals with a dedicated staff, or if it lacks Sufficient
personal protective equipment.
While the May 10, 2020 Executive Order Number 202.30 required that the
staff of such nursing homes and residential health care facilities be
tested twice a-week for COVID-19, no provision was made with respect to
the testing of the residents.
This bill would correct that omission. It does no good to limit testing
to staff. If a staff member tests positive, it is likely that they have
already infected others. Similarly, if one resident is positive, it is
likely that they have already infected others.
This bill requires all residents in nursing homes and residential
healthcare facilities to be tested for COVID-19 every 30 days and after
a staff member or another resident tests positive. The 30-day testing
requirement would continue until 60 days after the state of emergency
has ended. After 60 days after the state of emergency has ended, should
a staff member or resident test positive for COVID-19, all residents
must be tested within 7 days and again 30 days later. This would ensure
that the virus has not spread throughout the nursing home or residential
healthcare facility.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A10564 - Referred to Assembly Health Committee S8869 -
Referred to Senate Rules Committee
2021-2022: A2218 - Referred to Assembly Health Committee S1177 -
Referred to Senate Rules Committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1058
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. JACOBSON, DINOWITZ, TAYLOR, SEAWRIGHT, BRONSON,
HAWLEY -- read once and referred to the Committee on Health
AN ACT requiring the commissioner of health to promulgate rules and
regulations requiring nursing homes and residential health care facil-
ities to test all residents of such nursing homes and residential
health care facilities for the novel coronavirus (COVID-19)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Within 14 days after the effective date of this act, the
2 commissioner of health shall promulgate rules and regulations requiring
3 nursing homes and residential health care facilities to test all resi-
4 dents of such nursing homes and residential health care facilities for
5 the novel coronavirus (COVID-19) within 7 days after a member of the
6 staff or another resident of such nursing home or residential health
7 care facility tests positive for the novel coronavirus (COVID-19) and
8 shall subsequently be tested 30 days thereafter.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03740-02-3
