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A09077 Summary:

BILL NOA09077
 
SAME ASNo Same As
 
SPONSORKim
 
COSPNSR
 
MLTSPNSR
 
Add Art 21 Title 9 §§2187 - 2188, Pub Health L
 
Relates to the responsibilities of a nursing home during a pandemic; provides a right of action for any violation of such responsibilities.
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A09077 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9077
 
                   IN ASSEMBLY
 
                                    January 31, 2022
                                       ___________
 
        Introduced by M. of A. KIM -- read once and referred to the Committee on
          Health
 
        AN  ACT  to amend the public health law, in relation to the responsibil-
          ities of nursing homes during pandemics; 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. Article 21 of the public health law is amended by adding  a
     2  new title 9 to read as follows:
     3                                  TITLE IX
     4              RESPONSIBILITIES OF NURSING HOME DURING PANDEMICS
     5  Section 2187. Definitions.
     6          2188. Responsibilities of nursing home during pandemics.
     7    § 2187. Definitions. The following words and phrases when used in this
     8  article  shall have, unless the context clearly indicates otherwise, the
     9  meanings given to them in this section:
    10    1. "Public health emergency" means any  declared  state  of  emergency
    11  made  in  response  to  an  outbreak  of an infectious disease and shall
    12  include the novel coronavirus outbreak, COVID-19.
    13    2. "Nursing home" shall have the same meaning as  defined  in  section
    14  twenty-eight  hundred one of this chapter and shall include adult homes,
    15  enriched housing programs, assisted living  residences  and  residential
    16  health care facilities as defined in such section.
    17    3.  "Resident" means a resident of a nursing home located in the state
    18  and an infectious disease  caused  or  contributed  to  such  resident's
    19  death,  as documented on such resident's death certificate, or as certi-
    20  fied by  a  physician,  nurse  practitioner,  or  physician's  assistant
    21  currently  in good standing in any state or the District of Columbia, or
    22  a physician, nurse practitioner, or physician's assistant authorized  to
    23  practice  in  New  York  by  executive  order during the declared public
    24  health emergency who determines with  a  reasonable  degree  of  medical
    25  certainty that the infectious disease caused or contributed to the resi-
    26  dent's  death.  Resident shall include any temporary resident of a nurs-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14454-01-2

        A. 9077                             2
 
     1  ing home who is receiving  subacute  rehabilitation  care  or  temporary
     2  rehabilitation care.
     3    4.  "Domestic  partner"  shall  have  the same meaning as contained in
     4  section twenty-nine hundred sixty-one of this chapter.
     5    §  2188.  Responsibilities  of  nursing  home  during  pandemics.   1.
     6  Notwithstanding  any  law,  rule,  executive order, or regulation to the
     7  contrary, during a public health emergency every nursing home shall:
     8    (a) comply with all state and federal statutes and regulations, execu-
     9  tive orders and centers for disease control  and  prevention  guidelines
    10  issued in response to such public health emergency; and
    11    (b) follow all basic infection control protocols and guidelines relat-
    12  ing to proper infection prevention and control.
    13    2.  In an action to recover damages from a nursing home for the wrong-
    14  ful death of a resident during a public health emergency, proof  that  a
    15  nursing  home  failed to comply with any of the following as they relate
    16  to the public health emergency shall be presumed to  be  negligence  and
    17  the cause of the resident contracting the infectious disease:
    18    (a) state or federal statutes or regulations;
    19    (b) executive orders;
    20    (c) centers for disease control and prevention guidelines; or
    21    (d)  basic  infection  control practices, relating to proper infection
    22  prevention and control practices.
    23    3. The presumption established by this article shall only be  rebutted
    24  by  credible and reliable evidence which establishes that the resident's
    25  own conduct was the sole proximate cause  of  the  resident  contracting
    26  such disease.
    27    4.  In  addition  to  any  other lawful element of damages that may be
    28  recoverable by reason of the  death  of  the  resident,  the  resident's
    29  surviving  grandparents,  parents,  siblings,  spouse, domestic partner,
    30  children and grandchildren shall be  entitled  to  recover  damages  for
    31  their  respective  non-pecuniary  injuries,  including: grief or anguish
    32  caused by the resident's death, and for  any  disorder  caused  by  such
    33  grief or anguish, loss of love, society, protection, comfort, companion-
    34  ship,  and  consortium  resulting from the resident's death; and loss of
    35  nurture, guidance, counsel, advice, training,  and  education  resulting
    36  from  the  resident's  death.  Any such claim for non-pecuniary injuries
    37  shall be brought by the residents' personal representative.
    38    5. Any agreement purporting to limit the liability of a  nursing  home
    39  for damages or purporting to limit the remedies of the resident or those
    40  seeking damages pursuant to this article is contrary to the public poli-
    41  cy of this state and absolutely void.
    42    6.  Notwithstanding  any  provision  of law to the contrary, all civil
    43  claims or causes of action brought by any person for damages  against  a
    44  nursing home for personal injuries or the death of a resident during the
    45  novel  coronavirus  outbreak,  COVID-19, including an action pursuant to
    46  section twenty-eight hundred one-d of this  chapter,  may  be  commenced
    47  within two years after the effective date of this title.
    48    §  2.  This  act shall take effect immediately and shall expire and be
    49  deemed repealed January 1, 2035.
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