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A07085 Summary:

A07085 Actions:

A07085 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:05/23/2023AYE/NAY:26/0  Action: Favorable refer to committee Rules        
Paulin
Aye
Jensen
Aye
Dinowitz
Aye
Byrnes
Aye
Gunther
Aye
Gandolfo
Aye
Rosenthal L 
Aye
Mikulin
Aye
Hevesi
Aye
Blumencranz
Aye
Steck
Aye
Bendett
Aye
Braunstein
Aye
Gray
Aye
Solages
Aye
McGowan
Aye
Bichotte Hermel
Aye
Sayegh
Aye
Rosenthal D 
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Aye
Kelles
Aye
Lucas
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/07/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Excused

A07085 Floor Votes:

A07085 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7085--A
                                                                Cal. No. 198
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN, GIBBS, ZINERMAN, SEPTIMO -- read once and
          referred  to  the  Committee  on Health -- ordered to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third reading

        AN  ACT to amend the public health law, in relation to requiring nursing
          homes to designate dedicated storage spaces for  the  storage  of  the
          bodies of deceased persons
 
          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  section
     2  2810-a to read as follows:
     3    § 2810-a. Nursing home special provisions. 1. (a) Upon the declaration
     4  by the governor of a disaster emergency pursuant to section twenty-eight
     5  of  the  executive  law that a disaster has occurred or may be imminent,
     6  and that such disaster may result in excess mortality that  could  over-
     7  whelm  the  capacity  of a facility to meet the demand for its services,
     8  each nursing home shall develop and submit  to  the  department  a  plan
     9  designating  a  location  for  temporary  on-site  storage  of bodies of
    10  deceased persons who die at such nursing home until those bodies can  be
    11  safely  transferred  to  appropriate  parties for purposes of autopsy or
    12  disposition.  For the purposes of this section, "excess mortality" means
    13  a sudden and sharp increase in the  number  of  deaths  beyond  what  is
    14  expected based on recent mortality trends.
    15    (b) Such plan shall include but not be limited to:
    16    (i)  the  designation  of a dedicated storage space. If a nursing home
    17  does not currently have an appropriate space meeting the requirements of
    18  paragraph (c) of this subdivision, the plan shall indicate how the nurs-
    19  ing  home  will  satisfy  these  requirements  including   through   new
    20  construction or modification of existing spaces or utilization of mobile
    21  storage spaces pursuant to paragraph (d) of this subdivision;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06896-03-4
        A. 7085--A                          2
 
     1    (ii)  identification  of  the  maximum  number  of  bodies of deceased
     2  persons that can be safely stored within the  dedicated  storage  space;
     3  and
     4    (iii) a description of the means by which the nursing home will ensure
     5  that  bodies of deceased persons are handled, stored, and transferred in
     6  a safe and sanitary manner, including proper identification and minimiz-
     7  ing the period of time for which each body  is  kept  in  the  dedicated
     8  storage space before transfer to other appropriate parties.
     9    (c) A dedicated storage space designated for purposes of this subdivi-
    10  sion shall be:
    11    (i)  located  on or immediately adjacent to the grounds of the nursing
    12  home;
    13    (ii) isolated to the greatest extent practicable from public view  and
    14  patient or resident living and common areas, including preventing access
    15  by persons other than those directly involved in storage or transport of
    16  bodies of deceased persons;
    17    (iii)  sufficiently  refrigerated  for  purposes  of storing bodies of
    18  deceased persons; and
    19    (iv) of sufficient size and suitable construction  to  ensure  lawful,
    20  safe,  and  appropriate  handling  and  storage  of  bodies  of deceased
    21  persons.
    22    (d) If a nursing home cannot meet  the  requirements  specified  under
    23  paragraph  (c)  of this subdivision through construction or modification
    24  of existing spaces, such nursing home may designate and contract with  a
    25  third  party to provide mobile storage spaces, provided that such mobile
    26  storage spaces meet the requirements specified under  paragraph  (c)  of
    27  this subdivision.
    28    (e)  A  storage  space designated as a storage space for the bodies of
    29  deceased persons pursuant to this subdivision  shall  not  be  deemed  a
    30  public  morgue and shall not be required to store the bodies of deceased
    31  persons who are not patients or residents of the nursing home.
    32    (f) In addition to any other records required by law or regulation,  a
    33  nursing  home  shall  maintain complete and accurate records relating to
    34  storage and transfer of bodies of deceased persons for a period of  five
    35  years, including:
    36    (i)  death certificates or other documentation of declared date, time,
    37  and to the extent known cause of death  for  each  body  of  a  deceased
    38  person stored in the dedicated storage space;
    39    (ii)  documentation  showing date and time of transfers from the dedi-
    40  cated storage space to another appropriate party  including  identifica-
    41  tion of individuals or entities who provided transport services;
    42    (iii)  copies of any permits or contracts relating to transfer of each
    43  body of a deceased person including any contracts  between  the  nursing
    44  home and a provider of mobile storage spaces under paragraph (d) of this
    45  subdivision.
    46    (g)  The  department is authorized to inspect, at any time and without
    47  prior notice, any dedicated storage space authorized under this subdivi-
    48  sion.
    49    (h) The commissioner shall make regulations under this section.
    50    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    51  have become a law. Effective immediately, the commissioner of health may
    52  make  regulations  and take other actions reasonably necessary to imple-
    53  ment the provisions of this act on or before such effective date.