New York State Assembly

 
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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
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred 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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06896-01-3
        A. 7085                             2
 
     1    (i)  located  on or immediately adjacent to the grounds of the nursing
     2  home;
     3    (ii)  isolated to the greatest extent practicable from public view and
     4  patient or resident living and common areas, including preventing access
     5  by persons other than those directly involved in storage or transport of
     6  bodies of deceased persons;
     7    (iii) sufficiently refrigerated for  purposes  of  storing  bodies  of
     8  deceased persons; and
     9    (iv)  of  sufficient  size and suitable construction to ensure lawful,
    10  safe, and  appropriate  handling  and  storage  of  bodies  of  deceased
    11  persons.
    12    (d)  If  a  nursing  home cannot meet the requirements specified under
    13  paragraph (c) of this subdivision through construction  or  modification
    14  of  existing spaces, such nursing home may designate and contract with a
    15  third party to provide mobile storage spaces, provided that such  mobile
    16  storage  spaces  meet  the requirements specified under paragraph (c) of
    17  this subdivision.
    18    (e) A storage space designated as a storage space for  the  bodies  of
    19  deceased  persons  pursuant  to  this  subdivision shall not be deemed a
    20  public morgue and shall not be required to store the bodies of  deceased
    21  persons who are not patients or residents of the nursing home.
    22    (f)  In addition to any other records required by law or regulation, a
    23  nursing home shall maintain complete and accurate  records  relating  to
    24  storage  and transfer of bodies of deceased persons for a period of five
    25  years, including:
    26    (i) death certificates or other documentation of declared date,  time,
    27  and  to  the  extent  known  cause  of death for each body of a deceased
    28  person stored in the dedicated storage space;
    29    (ii) documentation showing date and time of transfers from  the  dedi-
    30  cated  storage  space to another appropriate party including identifica-
    31  tion of individuals or entities who provided transport services;
    32    (iii) copies of any permits or contracts relating to transfer of  each
    33  body  of  a  deceased person including any contracts between the nursing
    34  home and a provider of mobile storage spaces under paragraph (d) of this
    35  subdivision.
    36    (g) The department is authorized to inspect, at any time  and  without
    37  prior notice, any dedicated storage space authorized under this subdivi-
    38  sion.
    39    (h) The commissioner shall make regulations under this section.
    40    §  2.  This  act  shall take effect on the sixtieth day after it shall
    41  have become a law. Effective immediately, the commissioner of health may
    42  make regulations and take other actions reasonably necessary  to  imple-
    43  ment this act on that date.