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State legislative activity 2021

Updated July 21, 2021

To date, 892 bills have passed both houses and 305 have been approved by Gov. Cuomo. Below includes a list of bills of interest to HANYS and our members that have passed both houses.

For questions on legislation below or any other legislative issues, please contact Scott Janke,Vice President of Governmental Affairs

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Bill or ChapterDescriptionStatus
July

Chapter 272 of

2021

Pelvic examination pamphlet – requires DOH to develop an informational pamphlet for patients undergoing pelvic examinations and make the informational pamphlet available for use by medical practitioners performing pelvic examinations.

Signed into law

7.16.21

June

Chapter 181 of

2021

“Cooling off” law extender – extends, until June 30, 2023, a law that

requires providers and plans to abide by the terms of their contract for two months following the expiration or non-renewal of the contract. This is often referred to as the “cooling off” period.

Signed into law

6.29.21

Chapter 190 of

2021

Opioid settlement fund – establishes an opioid settlement fund and advisory board to ensure funds derived from statewide opioid settlement agreements are dedicated towards substance use disorder prevention, treatment, recovery or harm reduction services or programs.

Signed into law

6.29.21

Chapter 155 of

2021

Hospital clinical staffing committee – amends the Public Health Law

to require every general hospital in New York state to establish a clinical staffing committee charged with developing the hospital’s annual staffing plan. The bill reflects an agreement among several impacted stakeholders and serves as an alternative to a proposal to mandate statewide nurse staffing ratios in hospitals.

Signed into law

6.18.21

Chapter 156 of

2021

Mandated nursing home staffing levels – requires minimum staffing

hours per resident, per day for registered nurses, licensed practical nurses, and certified nurse aides in every nursing home in New York state.

Signed into law

6.18.21

Chapter 138 of

2021

Residential healthcare facility request for transfer – amends Chapter 80

of the laws of 2021 to require residential healthcare facilities to document, as part of the resident's medical records, the reason why a resident is seeking a voluntary transfer or discharge if a reason is provided to the facility.

Signed into law

6.11.21

Chapter 142 of

2021

Occupation exposure to airborne diseases – a chapter amendment to Chapter 105 of the laws of 2020 regarding the establishment of a model airborne infectious disease exposure prevention  standard and workplace safety committee requirement.

Signed into law

6.11.21

Chapter 141 of

2021

Residential healthcare facility CON applicants – amends Chapter 102 of the laws of 2021, which made significant changes to the CON process for nursing home applicants. This legislation makes additional CON-related changes to the recently enacted law and adds several transparency requirements for nursing homes.

Signed into law

6.11.21

A.8040

(Dinowitz) S.7093

(Hoylman)

Admissibility of hearsay – would relax the common law exclusion of

hearsay statements made by an employee, so long as the statements were made within the scope of their employment and during the time of employment.

Passed both houses

6.10.21

A.8041

(Lunsford) S.7052

(Gounardes)

Comprehensive Insurance Disclosure Act – would require defendants to

provide proof of the existence and contents of any insurance agreement through which a judgment could be satisfied within 60 days after serving an answer.

Passed both houses

6.10.21

A.5144-A

(Benedetto) S.4394-A

(Ramos)

Retaliatory personnel actions by employers – would expand whistleblower

protections for employees.

Passed both houses

6.10.21

A.1396

(Gottfried) S.3762

(Breslin)

Pharmacy benefit manager regulation – relates to the registration and

regulation of PBMs.

Passed both houses

6.10.21

A.6323

(Bronson) S.6575

(Savino)

Mental health practitioner Medicaid coverage – would authorize mental

health practitioners licensed pursuant to Article 163 of the Education Law to bill Medicaid directly for their services, when such services would otherwise be covered by Medicaid.

Passed both houses

6.09.21

A.6098-A

(Galef) S.2928-A

(Addabbo, Jr.)

Paid family leave – would add siblings to the definition of family member

in relation to Paid Family Leave.

Passed both houses

6.09.21

A.6057-A

(Burke) S.1783-A

(Skoufis)

Nursing home infection inspection audit and checklist – would direct DOH

to establish and implement an infection control competency audit and checklist for nursing homes. Audits of facilities would be conducted on an annual basis starting Oct. 1, 2021.

Passed both houses

6.09.21

A.3523-A

(Peoples-Stokes) S.1662-B

(Skoufis)

Applied behavior analysis – would expand the definition of “applied

behavioral analysis” to allow applied behavioral analysts to treat additional types of behavioral health conditions. Current law limits the practice of applied behavioral analysis to individuals with autism-related disorders.

Passed both houses

6.09.21

A.2199

(Cruz) S.473

(Hoylman)

Interest upon summary judgment – would require interest to accrue on a

retroactive basis when a motion for summary judgment is initially denied by the court, but later reversed on appeal. Interest would begin accruing on the date of initial denial.

Passed both houses

6.09.21

A.1523

(Pretlow) S.2212

(Sepulveda)

Child Health Plus discrimination – would prohibit health plans that

administer the Child Health Plus program from requiring participating healthcare providers to also sign up for the commercial healthcare network operated by the insurer.

Passed both houses

6.09.21

A.1587

(Gottfried) S.2127

(Rivera)

School-based health centers and managed care – would permit school-

based health centers to remain out of Medicaid managed care and operate under Medicaid fee-for-service.

Passed both houses

6.08.21

A.5489-B

(Solages) S.210-B

(Persaud)

Pelvic examination pamphlet – would require DOH to develop an

informational pamphlet for patients undergoing pelvic examinations and make the informational pamphlet available for use by medical practitioners performing pelvic examinations.

Passed both houses

6.08.21

A.1005-A

(Paulin) S.5434-A

(Harckham)

Extreme risk protection order information – would require mental health

facilities to give material providing information related to extreme risk protection orders to certain at-risk patients or, upon receiving consent from the patient, an authorized representative.

6.08.21

Passed both houses

A.7419-A

(Jackson) S.5066-A

(Harckham)

Substance abuse providers operating costs – provides that any federal

paycheck protection program loan forgiveness funding or other extraordinary federal funding received by substance use providers shall not be considered a source of revenue.

Passed both houses

6.08.21

A.336-A

(Braunstein) S.2966-A

(Harckham)

Prescribing an opioid antagonist to patients – would prescribe an opioid

antagonist, a drug used to counter the effects of opioid overdose, with a patient’s first opioid prescription each year.

Passed both houses

6.03.21

A.6429-B

(Hyndman) S.5606-B

(Sanders)

Sickle cell disease informational packets – would require every general

hospital to distribute a sickle cell disease informational packet, developed by DOH, to every patient who is suspected to be at high risk of inheriting sickle cell disease.

Passed both houses

6.03.21

A.2030

(Rosenthal L) S.649-A

(Harckham)

MAT prior authorization – would remove certain prior authorization

requirements for medication-assisted treatment medications under the Medicaid program.

Passed both houses

6.03.21

A.7187

(Bronson) S.6576

(Savino)

Licensed clinical social worker Medicaid billing – would allow licensed

clinical social workers to bill Medicaid directly for services that are otherwise covered by Medicaid.

Passed both houses

6.03.21

A.182

(Gunther) S.3209

(Salazar)

Education programs relating to postnatal tissue and fluid donation –

would allow DOH to conduct healthcare and wellness education and outreach programs related to the donation or storage of postnatal tissue and fluids.

Passed both houses

6.02.21

A.96-A

(Gunther) S.4071-A

(Kennedy)

Human organ delivery vehicles – would designate certain human organ

delivery vehicles as authorized emergency vehicles and expand the definition of "emergency operation" to include the transportation of human organs and/or medical personnel for the purpose transporting organs expeditiously.

Passed both houses

6.02.21

A.191-A

(Gottfried) S.1451-A

(Rivera)

CON health equity impact assessments – would require a hospital filing

an application for a proposed project through the state’s Certificate of Need process to also submit a health equity impact assessment of the project.

Passed both houses

6.01.21

May

A.4685-A

(Pheffer Amato) S.1035-A

(Addabbo)

Essential support persons during emergencies – would prohibit, during a

state of emergency, general hospitals from denying individuals with disabilities from having a single, designated essential support person accompany the patient for the duration of their hospitalization. The designated essential support person may only be the patient’s parent, spouse or caretaker.

Passed both houses

5.26.21

A.5436-B

(Clark) S.612-B

(May)

Long-term care ombudsman program reform act – would enact a series of

reforms to the State Long-Term Care Ombudsman program, including requiring DOH to establish policies and procedures that include a telephone hotline and reporting form for reporting actions, inactions or decisions that may adversely affect the health, safety and welfare of residents at RHCFs. The bill also requires, as part of the RHCF’s pandemic emergency plan, RHCFs to provide LTCO program staff and volunteers access to the facility.

Passed both houses

5.26.21

A.2561-B

(Woerner) S.4085-A

(Hinchey )

Air transport ambulance service providers – would authorize air transport

ambulance service providers to store and distribute blood and blood products at their facilities and initiate and administer blood and blood product transfusions while providing air transport services.

Passed both houses

5.24.21

A.4572

(Gottfried) S.4316

(Rivera)

Screening of newborns for certain diseases – would add newborn

screening for adrenoleukodystrophy and glucose-6-phosphate dehydrogenase deficiency to the list of conditions for which all newborns are screened.

Passed both houses

5.24.21

Chapter 108 of

2021

Caregiving visitation in nursing homes and adult care facilities (chapter

amendment) – this amendment ensures the state’s visitation program is

Signed into law

5.13.21

 

aligned with federal law and regulations, provides flexibility with respect to

the statutory requirements that must be included in the state’s visitation program and includes language clarifying that the bill does not impact the effectiveness of DOH guidance on nursing home and adult care facility visitation.

 

A.6392

(Peoples-Stokes) S.5973

(Hinchey)

Donate Life opportunities on state issued transactions – would provide

greater opportunities for individuals to register as organ donors when completing certain state-issued transactions.

Passed both houses

5.12.2021

A.6222

(Wallace) S.4377

(May)

Patient statement of rights. Requires DOH to translate and make available

to all nursing homes and facilities providing a health-related service the patient statement of rights in the six most common non-English languages. Requires each facility to post and make available copies of the statement for residents. The bill also requires all nursing homes and facilities providing a health-related service to post in each resident's room, contact information for the long term care ombudsman program and contact information for the facility LTCO representative. Such facilities would also be required to provide updated LTCO contact information to all

residents and their families twice a year.

Passed both houses

5.10.21

Chapter 105 of

2021

Airborne infectious disease exposure prevention standard – establishes a

standard for all employers to prevent exposure to airborne infectious diseases by reducing workplace transmission and community spread

through enforceable health and safety standards.

Signed into law

5.5.2021

April

Chapter 102 of

2021

Residential healthcare facility CON applicants – requires nursing home

operators and owners submitting a CON application for change of ownership or operations to be reviewed and approved based on several quality metrics. The bill also adds notification requirements to increase transparency around related assets and operations of nursing homes, as well as of applications for changes to ownership and/or operation of a facility.

Signed into law

4.24.21

Chapter 96 of

2021

Repeals Emergency or Disaster Treatment Protection Act – repeals Article

30-D of the public health law, which provides healthcare professionals and facilities with critically important civil and criminal liability protections during the COVID-19 state emergency declaration. This new law takes effect immediately.

Signed into law

4.6.21

March

Chapter 92 of

2021

Marijuana Regulation and Taxation Act – establishes the Office of

Cannabis Management for the regulation of cannabis. Additionally, establishes the New York State Cannabis Revenue Fund, allowing tax revenue from cannabis to support various initiatives including substance use disorder treatment, public education and research on the public health impacts of cannabis use. This law takes effect immediately.

Signed into law

3.31.21

Chapter 93 of

2021

Humane Alternatives to Long-term (HALT) Solitary Confinement Act –

limits the extent of time an incarcerated person can spend in solitary confinement to 15 days and ends solitary confinement entirely for certain prison populations, including individuals with serious mental illness.

Signed into law

3.31.21

Chapter 89 of

2021

Caregiving visitation in nursing homes and adult care facilities – requires

DOH to develop regulations to allow personal and compassionate caregiving visitors into nursing homes and adult care facilities during public health emergencies. This new law takes effect 45 days after its enactment.

Signed into law

3.29.21

Chapter 80 of

2021

Residential healthcare facility transfers and discharges – codifies several

federal (42 CFR § 483.3) and state (10 NYCRR § 415) regulatory provisions related to resident transferring and discharging into state law. Additionally, the bill establishes new requirements related to discharging a resident to temporary housing assistance or to the home of another individual. The bill also prohibits an RHCF from compelling or attempting to compel an individual to voluntarily transfer or discharge from the facility. This new law takes effect immediately.

Signed into law

3.19.21

Chapter 77 of

2021

COVID-19 vaccination time off for public employees – adds a new section

to the civil service laws and labor laws of 2020 to grant public officers or employees up to four hours of paid leave per injection to receive the COVID-19 vaccine; protects employees from retaliation from taking such leave; and provides additional flexibility related to COVID-19 vaccination pursuant to employer discretion and an employer’s collective bargaining agreement. The law goes into effect immediately and expires December 2022.

Signed into law

3.12.21

Chapter 71 of

2021

Termination of certain executive powers – modifies the governor’s

emergency powers to prohibit the issuance of new directives. Directives issued prior to enactment and still in effect may be extended or modified, as long as certain requirements are met. The new law also requires, within 15 days of its effective date, all current suspensions and directives be posted online in a searchable format. This act is effective immediately.

Signed into law

3.7.21

A.5847

(Woerner) S.2191

(Kavanagh)

Antimicrobial stewardship programs – would require hospitals and nursing

homes to establish an antimicrobial stewardship program that meets or exceeds Medicare and Medicaid standards and requires certain personnel to receive antimicrobial resistance training.

Passed both houses

3.10.21

A.3050

(Fahy) S.3543

(Stavisky)

NYSED data collection on the practice of professions – would require all

health professionals to complete a brief survey as part of their triennial registration process. Reportable information includes demographics, education and practice characteristics to significantly expand healthcare workforce data.

Passed both houses

3.8.21

A.3922-A

(Cruz) S.598-B

(May)

Reimagining long-term care task force – would establish the Reimagining

Long-term Care Task Force to study long-term care services, options and challenges and reimagine how the state can better meet the existing and projected needs in ways that prioritize safety, affordability and quality of life. The task force would consist of 26 members, including HANYS.

Passed both houses

3.3.21.

A.5846

(Kim) S.1784-A

(Skoufis)

Adult care facility quality assurance plans – would require adult care

facilities to include the development and maintenance of infection control performance standards in their mandated quality assurance plans and establish a quality improvement committee.

Passed both houses

3.3.21

A.5848

(Wallace) S.3185

(Skoufis)

Nursing home violations – would require nursing homes to provide

information on how a potential resident and their family can look up complaints, citations, inspections, enforcement actions and penalties taken against the facility.

Passed both houses

3.3.21

February

Chapter 42 of

2021

Public health planning council member reduction – reduces the number

of PHHPC appointees from 26 back to the current membership of 24, while maintaining one additional healthcare consumer advocate appointee, effective immediately.

Signed into law

2.16.21

Chapter 66 of

2021

Information on pre-term labor and delivery complications – better aligns

state law with the federal Emergency Medical Treatment and Labor Act, clarifying that the informational leaflet on pre-term labor must be provided to maternity patients at the time of pre-booking and further delays the effective date of the bill. This new law will take effect on Dec. 22, provided that the provision requiring hospitals to update their protocols for the management of emergency medical conditions related to pregnancy for expectant mothers takes effect June 20.

Signed into law

2.16.21

A.2037

(Dinowitz) S.553

(Sanders)

Nursing home star ratings – would require nursing homes to post their

most recent CMS quality rating to their website in a conspicuous location visible to residents and the general public. The bill also directs DOH to post the CMS rating for every New York nursing home on its website.

Passed both houses

2.22.21