Amd 2803-aa, Pub Health L (as proposed in S.1783-A & A.6057-A)
Directs the commissioner of health to establish and implement an infection inspection control audit and checklist on nursing homes; provides civil penalties for nursing homes who violate infection control standards.
STATE OF NEW YORK
________________________________________________________________________
8775
IN ASSEMBLY
January 11, 2022
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to directing the
department of health to establish and implement an infection
inspection audit and checklist on nursing homes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 and the opening paragraph and subpar-
2 agraphs (iv) and (vii) of paragraph (a) of subdivision 3 of section
3 2803-aa of the public health law, as added by a chapter of the laws of
4 2021 amending the public health law relating to directing the department
5 of health to establish and implement an infection inspection control
6 audit and checklist on nursing homes, as proposed in legislative bills
7 numbers S. 1783-A and A. 6057-A, are amended to read as follows:
8 1. The commissioner shall establish in the department a program for
9 audits of nursing homes to measure specific core competencies relating
10 to infection control of each nursing home. The audits shall commence on
11 [October] December 1, [2021] 2022, and shall be conducted annually ther-
12 eafter.
13 2. (a) The audit shall utilize a checklist that is consistent with
14 focused infection control survey standards issued by the federal centers
15 for Medicare and Medicaid services to evaluate infection control compe-
16 tency of each nursing home.
17 (b) A nursing home [meeting at least eighty-five percent of the crite-
18 ria on the checklist shall] must meet all metrics on the checklist
19 developed pursuant to paragraph (a) of this subdivision to be scored as
20 ["proficient"] in compliance with infection control [competency].
21 (c) If a nursing home [meets between sixty percent and eighty-four
22 percent of the required criteria within the checklist, the nursing home
23 will be scored as "proficiency pending reinspection." Such nursing home
24 will be audited by the department at least once before the next annual
25 inspection] fails to meet all metrics on the checklist developed pursu-
26 ant to paragraph (a) of this subdivision, the department shall conduct
27 another infection control audit within ninety days of the initial deter-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02904-08-2
A. 8775 2
1 mination. The department shall continue to conduct such ninety day
2 audits until the nursing home is scored as in compliance with infection
3 control competency. The department may also pursue administrative penal-
4 ties, including but not limited to citation for violation of infection
5 control standards and imposing civil monetary penalties pursuant to
6 section twelve of this chapter.
7 [(d) A nursing home that meets less than sixty percent of the criteria
8 within the checklist, or fails a proficiency pending reinspection, shall
9 be scored as "not proficient".
10 Facilities scored as "not proficient" shall continue to be audited at
11 monthly intervals until such facilities meet at least eighty-five
12 percent of the criteria within the checklist.]
13 An audit of core competencies shall include, but not be limited to,
14 the following, and shall be consistent with [applicable federal, state
15 and local guidelines and requirements] focused infection control survey
16 standards issued by the federal centers for Medicare and Medicaid
17 services:
18 (iv) The nursing home shall have a staffing and cohorting plan to
19 limit transmission [that shall] , which is based on national (for exam-
20 ple, centers of disease control and centers for Medicare and Medicaid
21 services), state or local public health authority recommendations. Such
22 staffing and cohorting plan may include, but not be limited to:
23 (A) [Dedicated] Having dedicated, consistent staffing teams who
24 directly interact with residents that are confirmed or suspected to be
25 infected with a contagious or infectious disease; [and]
26 (B) Limiting clinical and other staff who have direct resident contact
27 to specific areas of the facility[. There shall be no rotation of staff]
28 and not rotating staff between various areas of the facility during the
29 period they are working each day during periods of recognized outbreaks;
30 and
31 (C) Having a dedicated space in the facility for cohorting and manag-
32 ing care for residents with an infectious disease, such as COVID-19.
33 (vii) The nursing home must designate a staff member [for every shift]
34 or members who is responsible for ensuring the proper use of personal
35 protective equipment by all staff.
36 § 2. This act shall take effect on the same date and in the same
37 manner as a chapter of the laws of 2021 amending the public health law
38 relating to directing the department of health to establish and imple-
39 ment an infection inspection audit and checklist on nursing homes, as
40 proposed in legislative bills numbers S. 1783-A and A. 6057-A, takes
41 effect.
