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A05062 Summary:

BILL NOA05062
 
SAME ASNo Same As
 
SPONSORJacobson
 
COSPNSREachus
 
MLTSPNSR
 
 
Requires the commissioner of health to promulgate rules and regulations requiring nursing homes and residential health care facilities to test all residents of such nursing homes and residential healthcare facilities for the novel coronavirus (COVID-19).
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A05062 Actions:

BILL NOA05062
 
02/11/2025referred to health
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A05062 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5062
 
SPONSOR: Jacobson
  TITLE OF BILL: An act requiring the commissioner of health to promulgate rules and regulations requiring nursing homes and residential health care facili- ties to test all residents of such nursing homes and residential health care facilities for the novel coronavirus (COVID-19)   PURPOSE: To require the Commissioner of Health to implement a requirement, within 14 days after this bill shall become law, for all nursing homes and residential health care facilities to test all residents for COVID-19 every 30 days and within 7 days after a staff member or another resident tests positive. This requirement would apply during the state of emer- gency and for 60 days thereafter. After the state of emergency has been over for 60 days, all residents must be tested for COVID19 within 7 days after a resident or staff member tests positive for COVID-19 and again 30 days after the initial testing.   SUMMARY OF PROVISIONS: Section 1 (a) provides that within 14 days after this bill shall become law, the Commissioner of Health shall promulgate rules and regulations requiring nursing homes and residential health care facilities to test all residents of such nursing homes and residential health care facili- ties for the novel coronavirus (COVID-19) during the state disaster emergency declared pursuant to Executive Order Number 202 of 2020, as amended, every 30 days, and addi- tionally, within one week after a member of the staff of the facility or nursing home or another resident tests positive for COVID-19, and for 60 days after the expiration of such Executive Order, as amended. Section 1(b) provides that after 60 days after the state of emergency has expired, if a resident or staff member tests positive then all resi- dents must be tested with 7 days and again 30 days thereafter. Section 2 sets forth the effective date which is immediately.   JUSTIFICATION: The residents of our nursing homes and residential health care facili- ties are among our most vulnerable populations. These mostly older resi- dents live in close quarters, share many communal areas, and, in some cases, share rooms with other residents. For these reasons and more, nursing homes and residential health care facilities are ideal breeding grounds for any virus, particularly one that is as deadly and as easily transmitted as COVID-19. The March 25, 2020 Department of Health direc- tive making it illegal for nursing homes and residential health care facilities to "deny the admission of residents solely based on a confirmed or suspected diagnosis of COVID-19" put this already vulner- able population at even greater risk. Since then, the State has modified this policy and no longer requires the admittance of COVID positive individuals if the facility involved is not properly equipped to handle them. A facility can now deny admittance if it cannot safely separate infected individuals from other residents, if-it is unable to provide infected individuals with a dedicated staff, or if it lacks Sufficient personal protective equipment. While the May 10, 2020 Executive Order Number 202.30 required that the staff of such nursing homes and residential health care facilities be tested twice a-week for COVID-19, no provision was made with respect to the testing of the residents. This bill would correct that omission. It does no good to limit testing to staff. If a staff member tests positive, it is likely that they have already infected others. Similarly, if one resident is positive, it is likely that they have already infected others. This bill requires all residents in nursing homes and residential healthcare facilities to be tested for COVID-19 every 30 days and after a staff member or another resident tests positive. The 30-day testing requirement would continue until 60 days after the state of emergency has ended. After 60 days after the state of emergency has ended, should a staff member or resi- dent test positive for COVID-19, all residents must be tested within 7 days and again 30 days later. This would ensure that the virus has not spread throughout the nursing home or residential healthcare facility.   PRIOR LEGISLATIVE HISTORY: 2019-2020: A10564 - Referred to Assembly Health Committee S8869 - Referred to Senate Rules Committee 2021-2022: A2218 - Referred to Assembly Health Committee S1177 - Referred to Senate Rules Committee 2023-2024: A1058 - Referred to Assembly Health Committee   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A05062 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5062
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 11, 2025
                                       ___________
 
        Introduced by M. of A. JACOBSON, EACHUS -- read once and referred to the
          Committee on Health
 
        AN  ACT  requiring  the  commissioner  of health to promulgate rules and
          regulations requiring nursing homes and residential health care facil-
          ities to test all residents of  such  nursing  homes  and  residential
          health care facilities for the novel coronavirus (COVID-19)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Within 14 days after the effective date of this  act,  the
     2  commissioner  of health shall promulgate rules and regulations requiring
     3  nursing homes and residential health care facilities to test  all  resi-
     4  dents  of  such nursing homes and residential health care facilities for
     5  the novel coronavirus (COVID-19) within 7 days after  a  member  of  the
     6  staff  or  another  resident  of such nursing home or residential health
     7  care facility tests positive for the novel  coronavirus  (COVID-19)  and
     8  shall subsequently be tested 30 days thereafter.
     9    § 2. This act shall take effect immediately.
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03963-01-5
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