Requires the department of health to post on its website certain data relating to COVID-19 cases in hospitals and nursing homes, including total COVID-19 cases and deaths in nursing homes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5446
SPONSOR: Lawler TITLE OF BILL:
An act to amend the public health law, in relation to requiring the
department of health to post on its website certain data relating to
COVID-19 cases in hospitals and nursing homes
PURPOSE:
To ensure full transparency regarding the New York State Department of
Health's reporting of nursing home deaths during the COVID-19 pandemic
SUMMARY OF PROVISIONS:
Section 1: Amends the public health law by adding a new section 206-c
that requires the Department of Health to compile and post weekly on
their website, in a conspicuous location and format capable of download
in a spreadsheet, data on the total number of confirmed cases and deaths
of COVID19 in nursing homes, the total number of individuals transferred
from a nursing home to a hospital due to COVID-19 and COVID-19 patients
discharged from a hospital to a nursing home. Such data shall be
compiled and posted by county, date, nursing home and hospital and shall
include data since March 1, 2020.
Section 2: Provides the effective date.
JUSTIFICATION:
The New York State Department of Health (DOH) has provided some data
regarding the impact COVID-19 had on New York State nursing homes,
however the state has drawn criticism over its reporting on this topic,
as critical information has repeatedly been left out. While DOH does
report fatalities that took place in nursing homes due to COVID-19, it
does not include information on diagnosed cases in nursing homes nor
does it include COVID-19 fatalities that resulted from cases originating
in nursing homes when residents were transferred to a hospital-both of
which are practices that are contrary to most other states' reporting.
For this reason, it is commonly accepted that the state is drastically
underreporting its number of nursing home-linked fatalities.
This legislation would expressly require comprehensive reporting from
the DOH to help lawmakers and the public better understand the full
impact of COVID19 in New York's nursing homes. It would expressly
require the reporting of the total number of individuals transferred
from a nursing home to a hospital due to COVID-19 and the total number
of COVID-19 patients discharged from a hospital to a nursing home. Addi-
tionally, it requires the reporting to be provided in a format that can
be downloaded in a spreadsheet to ensure researchers and policymakers
can use it effectively. Such information will also be required to be
compiled and posted by county, data, nursing home and hospital, and will
require the inclusion of retroactive data starting from March 1, 2020.
By ensuring full transparency and greater access to data on this crisis,
New York State can better protect these vulnerable residents going
forward.
LEGISLATIVE HISTORY:
2020: S.8997 Referred to Rules
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5446
2021-2022 Regular Sessions
IN ASSEMBLY
February 16, 2021
___________
Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to requiring the
department of health to post on its website certain data relating to
COVID-19 cases in hospitals and nursing homes
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
2 206-c to read as follows:
3 § 206-c. Special requirements with respect to COVID-19 data. 1. For
4 the purposes of this section, the following terms shall have the follow-
5 ing meanings:
6 (a) "Hospital" has the same meaning as defined by section twenty-eight
7 hundred one of this chapter, and shall include any temporary health care
8 facility in New York state established by the state or federal govern-
9 ment in response to the COVID-19 pandemic or any other pandemic-related
10 response.
11 (b) "Nursing home" has the same meaning as defined by section twenty-
12 eight hundred one of this chapter.
13 2. The commissioner shall compile and post on the department's website
14 in a conspicuous location and in a format capable of download in a
15 spreadsheet format, the following data on a weekly basis:
16 (a) The total number of confirmed cases of COVID-19 and deaths result-
17 ing from COVID-19 in nursing homes in New York state;
18 (b) The total number of individuals with a confirmed case of COVID-19
19 transferred from a nursing home to a hospital in New York state;
20 (c) The total number of confirmed deaths of individuals transferred
21 from a nursing home to a hospital resulting from a confirmed case of
22 COVID-19; and
23 (d) The total number of individuals with a confirmed case of COVID-19
24 discharged from a hospital to a nursing home.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08043-01-1
A. 5446 2
1 3. The data posted pursuant to subdivision two of this section shall
2 be organized by county, date, nursing home, and hospital, and shall
3 include data retroactive to March first, two thousand twenty.
4 § 2. This act shall take effect immediately.
