S08159 Summary:

BILL NOS08159
 
SAME ASSAME AS A08466
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Add §2810-a, Pub Health L
 
Requires nursing homes to designate dedicated storage spaces for the storage of the bodies of deceased persons; requires nursing homes to develop and submit plans to the department of health for the designation of such dedicated storage spaces; establishes requirements for such storage spaces.
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S08159 Actions:

BILL NOS08159
 
01/26/2022REFERRED TO HEALTH
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S08159 Committee Votes:

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S08159 Floor Votes:

There are no votes for this bill in this legislative session.
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S08159 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8159
 
                    IN SENATE
 
                                    January 26, 2022
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- 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 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)  Each  nursing  home
     4  shall develop and submit to the department a plan designating a location
     5  for  temporary  on-site storage of bodies of deceased persons who die at
     6  such nursing home until those bodies can be safely transferred to appro-
     7  priate parties for purposes of autopsy or disposition.
     8    (b) Such plan shall include but not be limited to:
     9    (i) the designation of a dedicated storage space. If  a  nursing  home
    10  does not currently have an appropriate space meeting the requirements of
    11  paragraph (c) of this subdivision, the plan shall indicate how the nurs-
    12  ing   home   will  satisfy  these  requirements  including  through  new
    13  construction or modification of existing spaces or utilization of mobile
    14  storage spaces pursuant to paragraph (d) of this subdivision;
    15    (ii) identification of  the  maximum  number  of  bodies  of  deceased
    16  persons  that  can  be safely stored within the dedicated storage space;
    17  and
    18    (iii) a description of the means by which the nursing home will ensure
    19  that bodies of deceased persons are handled, stored, and transferred  in
    20  a safe and sanitary manner, including proper identification and minimiz-
    21  ing  the  period  of  time  for which each body is kept in the dedicated
    22  storage space before transfer to other appropriate parties.
    23    (c) A dedicated storage space designated for purposes of this subdivi-
    24  sion shall be:
    25    (i) located on or immediately adjacent to the grounds of  the  nursing
    26  home;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13413-02-1

        S. 8159                             2
 
     1    (ii)  isolated to the greatest extent practicable from public view and
     2  patient or resident living and common areas, including preventing access
     3  by persons other than those directly involved in storage or transport of
     4  bodies of deceased persons;
     5    (iii)  sufficiently  refrigerated  for  purposes  of storing bodies of
     6  deceased persons; and
     7    (iv) of sufficient size and suitable construction  to  ensure  lawful,
     8  safe,  and  appropriate  handling  and  storage  of  bodies  of deceased
     9  persons.
    10    (d) If a nursing home cannot meet  the  requirements  specified  under
    11  paragraph  (c)  of this subdivision through construction or modification
    12  of existing spaces, such nursing home may designate and contract with  a
    13  third  party to provide mobile storage spaces, provided that such mobile
    14  storage spaces meet the requirements specified under  paragraph  (c)  of
    15  this subdivision.
    16    (e)  A  storage  space designated as a storage space for the bodies of
    17  deceased persons pursuant to this subdivision  shall  not  be  deemed  a
    18  public  morgue and shall not be required to store the bodies of deceased
    19  persons who are not patients or residents of the nursing home.
    20    (f) In addition to any other records required by law or regulation,  a
    21  nursing  home  shall  maintain complete and accurate records relating to
    22  storage and transfer of bodies of deceased persons for a period of  five
    23  years, including:
    24    (i)  death certificates or other documentation of declared date, time,
    25  and to the extent known cause of death  for  each  body  of  a  deceased
    26  person stored in the dedicated storage space;
    27    (ii)  documentation  showing date and time of transfers from the dedi-
    28  cated storage space to another appropriate party  including  identifica-
    29  tion of individuals or entities who provided transport services;
    30    (iii)  copies of any permits or contracts relating to transfer of each
    31  body of a deceased person including any contracts  between  the  nursing
    32  home and a provider of mobile storage spaces under paragraph (d) of this
    33  subdivision.
    34    (g)  The  department is authorized to inspect, at any time and without
    35  prior notice, any dedicated storage space authorized under this subdivi-
    36  sion.
    37    (h) The commissioner shall make regulations under this section.
    38    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    39  have become a law. Effective immediately, the commissioner of health may
    40  make  regulations  and take other actions reasonably necessary to imple-
    41  ment this act on that date.
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