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State legislative activity update

To date, 104 bills have passed both houses in 2021 and 77 have been approved by Gov. Cuomo.

Over the past week, the following bill of interest to HANYS and our members was signed into law:

  • Residential healthcare facility transfers and discharges – adds a new section to the Public Health Law to codify several federal (42 CFR § 483.3) and state (10 NYCRR § 415) regulatory provisions into state law and establishes new requirements related to discharging a resident to temporary housing assistance or to the home of another individual. Chapter 80 of 2021.

The following bill of interest was delivered to the governor, with expected action due March 29:

  • Caregiving visitation in nursing homes and adult care facilities – would require DOH to develop regulations to allow personal and compassionate caregiving visitors in nursing homes and adult care facilities. A.1052-B (Bronson) / S.614-B (May)

The following bills of interest have passed both houses and are awaiting delivery to the governor:

  • Residential healthcare facility CON applicants – adds additional requirements for RHCF CON establishment or incorporation applicants. It also establishes several new notice requirements, including requiring nursing homes to notify DOH 90 days prior to executing letter of intent or contractual agreements related to the management, operations, staffing agency or other entity to be involved in the operations of the facility. A.5684-A (Gottfried) / S.4893-A (Rivera)
  • 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 period of the COVID-19 state emergency declaration. A.3397 (Kim) / S.5177 (Biaggi)

For questions on the above or any other legislative activity or issues, please contact our state governmental affairs team: Amy Nickson, vice president, governmental affairs; Katie Gordon, director, research and legislation; Scott Janke, director of state governmental affairs

Published March 26, 2021