NY Pub Health L § 2803 (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2803 - Commissioner and Council; Powers and Duties.

§  2803.  Commissioner  and  council;  powers  and  duties. 1. (a) The commissioner shall have the power  to  inquire  into  the  operation  of hospitals and to conduct periodic inspections of facilities with respect to the fitness and adequacy of the premises, equipment, personnel, rules and  by-laws,  standards  of  medical  care, hospital service, including health-related service, system of accounts, records, and the adequacy of financial resources and sources of future revenues. The commissioner  or persons  designated  by  him  shall  conduct  at  least  one unannounced comprehensive inspection of each residential health  care  facility  not later  than  fifteen  months  after  the  previous  such  inspection  to determine the  adequacy  of  care  being  rendered.  Such  comprehensive inspection  shall  include, but not be limited to, a survey to determine compliance by the facility with applicable statutes and regulations, and observation of a representative sample of all patients or residents  and their  medical records to determine the quality and adequacy of the care and treatment provided. Additional visits shall be made to facilities as needed  to  determine  whether  violations  or  deficiencies  have  been corrected,   to   investigate   any  report  made  pursuant  to  section twenty-eight hundred three-d of this article or any other complaint, and for  any  other  purpose  deemed  necessary  and  appropriate   by   the commissioner.  Any  employee of the department who gives or causes to be given advance notice of such unannounced inspection to any  unauthorized person  shall,  in  addition  to  any  other penalty provided by law, be suspended by the commissioner from all duties without pay for  at  least five  days  or for such greater period of time as the commissioner shall determine. Any such suspension shall be  made  by  the  commissioner  in accordance with all other applicable provisions of law.  (b) The purpose of such inspection shall be to determine compliance by residential  health  care facilities with statutes, and with regulations promulgated under the provisions of those  statutes,  governing  minimum standards  of  construction,  quality  and  adequacy  of care, rights of patients,  rates  of  payment  and  reimbursement.  At  least  one  such inspection  every fifteen months shall include, but shall not be limited to, full on-site examination of the medical, nursing care,  dietary  and social services records of the facility.  (c)  The  commissioner shall establish, in consultation with the state office for the aging, a  consumer  information  system  for  residential health  care  facilities  with  respect  to  their  compliance  with the standards set forth in this section designed  to  provide  accurate  and comprehensible  information  to  consumers  on the quality of facilities which shall incorporate a summary of the findings  and  results  of  the inspections  conducted  pursuant to the provisions of this section. Such summary of results and findings shall include, but need not  be  limited to,  a  listing  of  areas in which items were found at the time of such inspections to be not in compliance with such standards and  the  nature of  such  non-compliance. Each residential health care facility shall be issued a summary  of  the  findings  of  inspections  of  such  facility conducted  since the issuance of the previous summary of findings, which shall be posted  conspicuously  within  such  facility,  and  any  other information  relating  to  the  facility  available through the consumer information  system.  The  commissioner  shall  promulgate   rules   and regulations  necessary  to implement the provisions of this paragraph. A facility  may  appeal  the  accuracy  of  a  summary  findings  to   the commissioner  within  twenty  days  after  receipt  of such summary. The results and findings of any prior inspections, and any penalties thereby assessed, which have not been previously appealed and  overruled,  shall not be subject to review.  (d)  (i)  Notwithstanding  any  inconsistent  provision  of  law,  the commissioner  or  his  designee  shall  determine  the   necessity   and appropriateness  of  care and services provided by hospitals to patients eligible for medical assistance pursuant to title eleven of article five of the social services law and shall further determine whether a general hospital  has  taken an action that results in the admission of patients unnecessarily, unnecessary multiple admissions  of  the  same  patients, inappropriate  discharge of patients, inappropriate transfer of patients between hospitals or between distinct units of a hospital, inappropriate diagnosis-related group coding, or other inappropriate medical or  other practices  with  respect to hospitalized inpatients eligible for medical assistance pursuant to title  eleven  of  article  five  of  the  social services law. In making such determinations the commissioner may utilize the    services    of   department   personnel   or   other   authorized representatives.  The  hospitals   shall   provide   such   information, facilities  and  services as may be required by the commissioner to make such determinations. The commissioner, in implementing  this  paragraph, shall adopt necessary rules and regulations including but not limited to those  for  determining the necessity or appropriate level of admission, controlling the length of stay,  the  provision  of  surgery  and  other services, and the methods and procedures for making such determinations.  (ii)   In   the  event  the  commissioner  or  his  designee  makes  a determination pursuant to this paragraph  that  a  general  hospital  or physician  has  taken  an  inappropriate action resulting in a denial or adjustment of payment determined in accordance with section twenty-eight hundred seven-c of this article, the general hospital or physician which is the subject of such determination  shall  be  entitled  to  a  review before  the commissioner or an appeal agent designated for such purposes by the commissioner at which such hospital or  physician  may  challenge such  determination.  In  order  to  be  entitled  to  such review, such hospital or physician must provide the commissioner or his designee,  as appropriate,  with  a written request for such review within thirty days of receipt  of  the  written  determination.  During  such  review,  the hospital  or  physician may present documentation or evidence in support of its challenge  to  the  determination,  and  representatives  of  the commissioner  or  his  designee may present documentation or evidence in support of the determination.  In the event that  the  determination  is sustained,  the  hospital  or  physician may seek judicial review of the decision pursuant to article seventy-eight of the civil practice law and rules.  (iii) The commissioner shall certify to the social services  officials responsible  for  making  payments for authorized hospital services that specified items of care and services for specified individuals  eligible for  medical  assistance pursuant to title eleven of article five of the social services  law  are  inappropriate  or  unnecessary  and  are  not authorized  for payment or are authorized for payment at the appropriate level of care under the medical  assistance  program  and,  for  general hospitals,  for  rate  periods  beginning  on  or  after  January first, nineteen  hundred  eighty-eight  through  March  thirty-first,  nineteen hundred  ninety-seven,  at  the  appropriate  case based rate of payment determined pursuant to section  twenty-eight  hundred  seven-c  of  this article.  (e)   Notwithstanding   any   inconsistent   provision   of  law,  the commissioner or his designee shall, not later than July first,  nineteen hundred  seventy-six,  determine  on an individual patient basis whether identifiable periods of  in-patient  care  in  a  general  hospital  are required  beyond  the  maximum  length  of  stay established pursuant to section three hundred sixty-five-a  of  the  social  services  law,  and  whether  deferral  of surgical procedures specified by such commissioner in accordance with paragraph (c) of subdivision five of such section may jeopardize life or essential function, or cause severe pain.  In  making such  determinations  the  commissioner  may  utilize  the  services  of department personnel or other authorized representatives. The  hospitals shall  provide  such  information,  facilities  and  services  as may be required  by  the  commissioner  to  make   such   determinations.   The commissioner,  in  implementing  this  paragraph,  shall adopt necessary rules and regulations including but  not  limited  to  the  methods  and procedures  for  making  such  determinations and the utilization of any department staff or other authorized  representatives  located  at  such hospital  in performing other functions relating to assuring that public funds for medical assistance are utilized exclusively to  provide  items of  care  and  services  in  amount,  duration  and  scope  specifically authorized under the medical assistance program. The commissioner  shall certify to the social services officials responsible for making payments for  authorized  hospital  services  that  specified  items  of care and services for specified individuals are not authorized for payment  under the medical assistance program.  (f)   Notwithstanding   any   inconsistent   provision   of  law,  the commissioner shall establish standards for determining the necessity  of care and service for alcoholism and alcohol abuse provided by hospitals. In  implementing  this  paragraph the commissioner, in consultation with the director of the division of  alcoholism  and  alcohol  abuse,  shall adopt necessary rules and regulations including but not limited to those for  determining  the  necessity  or  appropriate  level  of  admission, controlling  the  length  of  stay,  the  provision  of   services   and establishing the methods and procedures for making such determinations.  (g)  The  commissioner shall require that every general hospital adopt and  make  public   an   identical   statement   of   the   rights   and responsibilities  of patients, including a patient complaint and quality of care review process, a right to an appropriate patient discharge plan and for patients other than beneficiaries of title XVIII of the  federal social  security  act  (medicare)  a  right  to  a  discharge  review in accordance with section twenty-eight hundred three-i  of  this  article. The form and content of such statement shall be determined in accordance with  rules  and  regulations adopted by the council and approved by the commissioner.  A patient who requires continuing health care services in accordance with such patient's discharge  plan  may  not  be  discharged until  such  services  are  secured  or determined by the hospital to be reasonably available to the patient. Each general hospital shall give  a copy  of  the  statement  to  each  patient,  or  the appointed personal representative of the patient at or prior to the time  of  admission  to the  general  hospital, as long as the patient or the appointed personal representative of the patient  receives  such  notice  no  earlier  than fourteen   days   before   admission.   Such  statement  shall  also  be conspicuously posted by  the  hospital  and  shall  be  a  part  of  the patient's admission package. Nothing herein contained shall be construed to  limit  any  authority  vested  in  the commissioner pursuant to this article related to the operation of  hospitals  and  care  and  services provided to patients.   * (h)  Every hospital providing treatment to alleged victims of family offenses as defined in article eight of the family court act and section 530.11 of the criminal procedure law shall be responsible for  providing a copy of a notice to victims of family offenses as described in section eight  hundred  twelve  of  the  family court act and subdivision six of section 530.11 of the criminal procedure  law.  The  commissioner  shall  promulgate  such rules and regulations as may be necessary and proper to carry out effectively the provisions of this paragraph.   * NB There are 2 (h)'s   * (h)  The  statement  regarding  patient  rights and responsibilities which the commissioner shall approve as provided under paragraph (g)  of this  subdivision  shall  include a provision stating that every patient shall have the right to authorize those family members and other  adults who  will  be  given  priority  to  visit  consistent with the patient's ability to receive visitors.   * NB There are 2 (h)'s  (i) The  statement  regarding  patient  rights  and  responsibilities, required  pursuant  to  paragraph (g) of this subdivision, shall include provisions informing the patient of his or  her  right  to  make  organ, tissue  or  whole body donations, and the means by which the patient may make such a donation. The commissioner shall promulgate  any  rules  and regulations necessary to implement the provisions of this paragraph.   * (j)  As  used  with  regard  to applicable regulations issued by the department implementing  the  statement  regarding  patient  rights  and responsibilities required pursuant to paragraph (g) of this subdivision, the  term  "itemized  bill"  shall, for all periods on and after January first, two thousand eleven, be defined as reflecting a charges  schedule developed  by  each  hospital  for all ancillary patient services, which schedule shall set forth separate charges  for  each  ancillary  service provided.   * NB There are 2 (j)'s   * (j)  The  commissioner  shall  require  that the statement regarding patient rights and responsibilities, described in paragraph (g) of  this subdivision,  shall  include a provision informing the patient of his or her right to not be discriminated against on account of age.   * NB There are 2 (j)'s  (k) The  statement  regarding  patient  rights  and  responsibilities, required  pursuant  to  paragraph (g) of this subdivision, shall include provisions informing the patient of his or her right to choose to submit surprise bills or  bills  for  emergency  services  to  the  independent dispute  process  established  in  article six of the financial services law, and informing the patient of his or her right to view a list of the hospital's  standard  charges  and  the  health   plans   the   hospital participates with consistent with section twenty-four of this chapter.  (l)  The  statement  regarding  patient  rights  and responsibilities, required pursuant to paragraph (g) of this  subdivision,  shall  include provisions  informing  the  patient  of  his  or  her right to choose to identify a  caregiver  pursuant  to  article  twenty-nine-cccc  of  this chapter.   2. (a) The council, by a majority vote of its members, shall adopt and amend   rules   and   regulations,   subject  to  the  approval  of  the commissioner, to effectuate the provisions and purposes of this article, including, but not limited to:  (i) the establishment of requirements for a uniform  statewide  system of  reports  and  audits relating to the quality of medical and physical care provided,  hospital  utilization,  and  costs  in  accordance  with section twenty-eight hundred three-b of this article,  (ii)  establishment by the department of schedules of rates, payments, reimbursements, grants and other charges for hospital and health-related services  as  provided   in   sections   twenty-eight   hundred   seven, twenty-eight   hundred   seven-a,   twenty-eight   hundred  seven-c  and twenty-eight hundred eight of this article.  The  schedules  established shall  be  reasonable  and  adequate  to  meet  the  costs which must be incurred  by  efficiently  and  economically  operated  facilities.   In  adopting  regulations  related  to  the  computation of general hospital inpatient payments,  the  council  shall  take  into  consideration  the elements  of  cost,  geographical  differentials in the elements of cost considered,  economic  factors  in  the  area  in  which the hospital is located, costs of  hospitals  of  comparable  size,  and  the  need  for incentives  to  improve  services  and  institute economies. The council shall exclude from consideration in the regulations adopted nonallowable costs such as the costs for research and those parts of  the  costs  for educational  salaries  which  the  council determines to be not directly related to hospital service,  (iii) the identification of appropriate and reasonable  standards  for the  development  of  acceptable  collection  procedures used by general hospitals  in  an  effort  to  collect  unpaid  bills   prior   to   the determination   that  the  unpaid  bill  is  a  bad  debt  eligible  for reimbursement consideration  pursuant  to  paragraphs  (e)  and  (f)  of subdivision  eight  of section twenty-eight hundred seven-a or paragraph (b) of subdivision fourteen of section twenty-eight hundred seven-c  and twenty-eight hundred seven-k of this article,  (iv)  subject to the provisions of paragraph (e) of subdivision eleven of section twenty-eight hundred seven-a of this article  or  subdivision nine  of  section  twenty-eight  hundred  seven-c  of  this article, the establishment of  guidelines  regarding  the  time  to  resolve  appeals submitted  by  general  hospitals.  The  council  may consider different periods depending upon whether the basis for the appeal is related to  a general hospital's existing costs or anticipated future costs,  (v)   standards   and   procedures   relating  to  hospital  operating certificates, provided however, that the council shall establish minimum acceptable  standards  and  procedures  equal  to  the   standards   and procedures  which  federal  law  and regulation require for hospitals to qualify as providers pursuant to titles XVIII and  XIX  of  the  federal social  security  act.  The  existing  state standards and procedures in effect on the date that this  subdivision  becomes  effective  shall  be deemed  to  constitute  maximum standards and procedures for purposes of limiting  medical  assistance  reimbursement  pursuant  to  the   social services law. Such standards and procedures may thereafter be changed or added   to   by   the  council  only  upon  the  recommendation  of  the commissioner. For the purposes of ensuring that the health and safety of the  residents  of  hospitals  are  not  endangered,  the  council   may promulgate  changes  in  the minimum acceptable standards and procedures referred to herein upon recommendation of the commissioner, and  (vi) the establishment of a system of accounts and cost findings to be used by hospitals, including a classification of such hospitals and  the prescription  of a system of accounts and cost finding for each class in accordance with sections twenty-eight hundred three-b  and  twenty-eight hundred five-a of this article.  (b)  The commissioner may propose rules and regulations and amendments thereto for consideration by the council.   3. The commissioner  may  enter  into  contracts  with  any  political subdivision,  voluntary  non-profit  agency or health systems agency and such  entities  are  authorized  to  enter  into  contracts   with   the commissioner  to  effectuate  the  purposes  of  this  article, however, contracts with voluntary non-profit agencies may not provide for payment for general hospital out-patient and emergency services or for treatment or diagnostic center services unless the commissioner is satisfied  that the  costs  incurred  for  such  services are approvable pursuant to the provisions of section twenty-eight hundred seven of this article.    4. At the request of the commissioner, hospitals shall furnish to  the department  such reports and information as it may require to effectuate the provisions of this article.   5. The commissioner may institute or cause to be instituted in a court of  competent  jurisdiction  proceedings  to  compel compliance with the provisions of this article or the determinations, rules, regulations and orders of the commissioner or the council.   6. The council, by a majority vote of its members and subject  to  the approval  of  the  commissioner,  shall  adopt  rules and regulations to establish (a) a system of penalties of up to one  thousand  dollars  per day  for  continuing  violations  of  rules  and regulations promulgated pursuant to article twenty-eight  of  this  chapter  and  pertaining  to patient  care  by  residential  health  care  facilities, specifying the violations and the amount of the penalty to be  assessed  in  connection with  each such violation, and (b) a system by which the rate of payment approved for a residential health  care  facility  pursuant  to  section twenty-eight  hundred  seven  of  this  chapter  and  certified  to  the department of social services  for  purposes  of  reimbursement  in  the medical  assistance  program, is reduced in sufficient amount to collect such penalties. Any reduction of rate  to  collect  penalties  shall  be limited  to  five  percent of the otherwise established per diem rate or that portion of the per diem rate which represents the owner's return on equity, as defined by regulation, whichever is less.   7. The commissioner shall  have  the  power  to  assess  penalties  in accordance  with the system of penalties adopted pursuant to subdivision six of this section and pursuant to a hearing  conducted  in  accordance with  section  twelve-a  of  this  chapter. No penalty shall be assessed pursuant to subdivision six of this  section  unless  the  facility  has received  at  least  thirty  days written notice of the existence of the violation, the amount of the penalty for which it may become liable  and the  steps which must be taken to rectify the violation. If the facility fails to rectify the violation within said thirty day period,  it  shall thereafter  be  liable  for  such  penalty.  Any such penalties shall be subject to release and compromise by the commissioner in the same manner as a penalty provided by subdivision  one  of  section  twelve  of  this chapter.  Any  penalty  assessed  pursuant  to  subdivision  six of this section shall be subject to recovery in the same  manner  as  a  penalty provided  by  subdivision  one  of  section  twelve  of  this chapter or pursuant to the system for reduction of  the  rate  of  payment  to  the facility  adopted  pursuant  to  clause  (b)  of subdivision six of this section. Any such penalty assessed pursuant to subdivision six  of  this section  shall  be  additional  and cumulative to all other penalties or remedies existing for violations of rules  and  regulations  promulgated pursuant to article twenty-eight of this chapter. The provisions of this subdivision  shall  not  be  applicable to nor limit any power to assess penalties pursuant to section twelve of this chapter; provided, however, that if  a  penalty  is  assessed  for  a  violation  pursuant  to  this subdivision, no penalty shall be assessed for such violation pursuant to section  twelve  of  this  chapter,  and  if a penalty is assessed for a violation pursuant to section twelve of this chapter, no  penalty  shall be assessed for such violation pursuant to this subdivision.   8.   (a)  Notwithstanding  any  inconsistent  provision  of  law,  the commissioner shall establish procedures to be followed by hospitals  for notification  to  mothers  and  reporting  under  section  three hundred sixty-six-g of the social services law.  (b) Notwithstanding any inconsistent provision of  section  twelve  of this  chapter  or  any  other  law,  the commissioner may impose a civil penalty of up to three thousand five hundred dollars for each  violation  of  the  requirements  of  subdivision  one  of  section  three  hundred sixty-six-g of the social services law  or  the  rules  and  regulations promulgated  pursuant  to  such  section, pertaining to reporting to the department,  or  such other entity designated by the department, of each live birth to a woman  receiving  medical  assistance.  Any  such  civil penalties  shall  be  assessed  subject  to the applicable provisions of sections twelve and twelve-a of this chapter.   8-a.  Notwithstanding  any  inconsistent  provision  of  law  to   the contrary, the commissioner shall develop a program to facilitate the use of  a  triage  system  of  care in emergency rooms of hospitals that are subject to the provisions of this article. In  developing  such  program the  commissioner shall consider the manner in which such a system would be coordinated, how such a  system  would  provide  greater  efficiency, provide  cost  savings to public health programs and a higher quality of care.   Within  one  year  from  the  enactment  of  such  program,  the commissioner  shall  submit  a  report to the temporary president of the senate and the speaker of the assembly regarding: the impact of  such  a system on the cost of Medicaid covered services in the hospital setting; quality  of  care  in  facilities;  along  with any other data as may be appropriate.   9. (a) General  hospitals  shall,  no  later  than  April  first,  two thousand,  submit  to  the  commissioner a plan for compliance with part four hundred five of  the  official  compilation  of  codes,  rules  and regulations of the state of New York regarding the working conditions of and  limits on working hours for certain members of a hospital's medical staff and postgraduate trainees in such form and manner as specified  by the commissioner.  (b) The commissioner shall audit each hospital for compliance with its plan  and  the  applicable  regulation on an annual basis. Based upon an initial written audit finding of noncompliance  the  commissioner  shall assess  a  civil  penalty  of  six thousand dollars for each instance of noncompliance identified in such initial audit.  (c) Within thirty days after the hospital's receipt of written  notice of  noncompliance the hospital shall submit a plan of correction in such form  and  manner  as  specified  by  the  commissioner  for   achieving compliance  with  its  plan  and  with  the  applicable regulations. The commissioner shall audit each such hospital for compliance with its plan and the applicable regulations within a reasonable time after submission of such plan of correction. Upon a written finding by  the  commissioner within  one  hundred  eighty  days  of  the  initial  audit  finding  of noncompliance that the hospital has failed to  substantially  adhere  to its  plan  of  correction  the  commissioner shall assess the hospital a civil penalty of twenty-five thousand dollars. Upon a further subsequent written finding by the commissioner within one hundred  eighty  days  of the  initial audit finding of noncompliance that the hospital has failed to substantially adhere to its plan of correction the commissioner shall assess the hospital a civil penalty of fifty thousand dollars. Upon each and every subsequent written finding by the  commissioner  within  three hundred  sixty  days  of the initial audit finding of noncompliance that the  hospital  has  failed  to  substantially  adhere  to  its  plan  of correction the commissioner shall assess the hospital a civil penalty of fifty thousand dollars.  (d)   The  penalties  assessed  pursuant  to  paragraph  (c)  of  this subdivision shall be subject to the provisions of  section  twelve-a  of this chapter.  (e)  Hospitals  shall submit to the commissioner any data necessary to perform audits pursuant to this subdivision. Any hospital which fails to produce data or documentation requested in  furtherance  of  such  audit  within thirty days of such request may be assessed by the commissioner a civil penalty of ten thousand dollars.   10. (a) All civil penalties assessed and collected pursuant to section twelve  of  this  chapter for violations of this article and regulations promulgated thereunder related to the operation  of  residential  health care  facilities,  and  all  civil  monetary  penalties  related  to the operation of nursing facilities received from the federal government  in accordance  with subdivision (h) of section nineteen hundred nineteen of the federal social security act, shall be deposited by the  commissioner and  credited  to the quality of care improvement account which shall be established by the comptroller in the special revenue fund-other. To the extent of funds appropriated therefor, funds shall be made available  to the  department for expenditures related to the protection of the health or property of residents of residential health care facilities that  are found to be deficient.  (b) Any funds available pursuant to paragraph (a) of this subdivision, not used for the purposes of paragraph (a) of this subdivision, shall be used,  at  the  commissioner's  discretion,  to  support  activities and initiatives intended to improve resident quality of care at  residential health  care facilities found to be deficient, as well as for such other purposes as  are  described  in  this  paragraph.  Such  activities  may include,  but  are  not  limited  to,  relocation  of residents to other facilities and the maintenance  and  operation  of  a  facility  pending correction  of  deficiencies  or closure. The commissioner may also make grants to residential health care facilities  that  support  facilities' activities  and  initiatives  intended to improve residential quality of care pursuant to a request for proposals process.   * 11. The commissioner shall make regulations  relating  to  midwifery birth  centers,  including  relating to establishment, construction, and operation, considering the standards of state and national  professional associations   of   midwifery   birth   centers,  in  consultation  with representatives  of  midwives,  midwifery  birth  centers,  and  general hospitals providing obstetric services.   * NB There are 2 sb 11's   * 11.  Notwithstanding  any  provision of this article, or any rule or regulation under this article to the contrary,  the  commissioner  shall allow  outpatient  clinics  of  general  hospitals  and  diagnostic  and treatment centers to provide off-site primary care services that are:  (a) primary care services ordinarily provided to patients  on-site  at the  outpatient  clinic  or  diagnostic and treatment center and are not home care services defined in  subdivision  one  of  section  thirty-six hundred  two  of this chapter or the professional services enumerated in subdivision two of such section;  (b) provided by a primary  care  professional  to  a  patient  with  a pre-existing   clinical  relationship  with  the  outpatient  clinic  or diagnosis and treatment center, or with  the  health  care  professional providing the service; and  (c)  provided to a patient who is unable to leave his or her residence to receive services at the outpatient clinic or diagnostic and treatment center without unreasonable difficulty due to  circumstances,  including but not limited to, clinical impairment.   Nothing  in  this  subdivision  shall  preclude  a federally qualified health center  from  providing  off-site  services  in  accordance  with department regulations.   * NB There are 2 sb 11's   12.  (a)  Each  residential  health care facility shall, no later than ninety days after the effective date of this  subdivision  and  annually thereafter,  or  more frequently as may be directed by the commissioner,  prepare and make available to the public on the facility's website,  and immediately  upon  request,  in a form acceptable to the commissioner, a pandemic emergency plan which shall include but not be limited to:  (i) a communication plan:  (A)  to  update  authorized  family  members and guardians of infected residents at least once per day  and  upon  a  change  in  a  resident's condition  and  at  least  once  a  week  to  update  all  residents and authorized families and guardians on the number of infections and deaths at the facility, by electronic or such other means as may be selected by each authorized family member or guardian; and  (B) that includes a method to provide all residents with daily access, at no  cost,  to  remote  videoconference  or  equivalent  communication methods with family members and guardians; and  (ii)  protection  plans  against  infection  for  staff, residents and families, including:  (A) a plan  for  hospitalized  residents  to  be  readmitted  to  such residential health care facility after treatment, in accordance with all applicable laws and regulations; and  (B)  a  plan  for such residential health care facility to maintain or contract to have at least a  two-month  supply  of  personal  protective equipment; and  (iii) a plan for preserving a resident's place in a residential health care  facility  if such resident is hospitalized, in accordance with all applicable laws and regulations.  (b) The residential health care facility shall prepare and comply with the pandemic emergency plan. Failure to do so shall be  a  violation  of this  subdivision  and  may  be  subject  to civil penalties pursuant to section twelve and twelve-b of  this  chapter.  The  commissioner  shall review  each  residential  health  care facility for compliance with its plan and the applicable regulations in accordance  with  paragraphs  (a) and (b) of subdivision one of this section.  (c)  Within  thirty  days after the residential health care facility's receipt of written notice of noncompliance such residential health  care facility  shall  submit  a plan of correction in such form and manner as specified by the commissioner for achieving compliance with its plan and with the applicable regulations. The commissioner shall ensure each such residential health care facility complies with its  plan  of  correction and the applicable regulations.  (d)  The  commissioner  shall  promulgate  any  rules  and regulations necessary to implement the provisions of this subdivision.   13. The  commissioner  shall  require  each  residential  health  care facility  to  provide  residents  and  their  families  with  a separate document, as part of an intake application, in no less than twelve-point font, that includes information on how a potential  resident  and  their family   members   can   look  up  complaints,  citations,  inspections, enforcement actions, and penalties taken against the facility  including the  web  address  for  the New York state nursing home profiles website that is maintained by  the  department  and  the  nursing  home  compare website  maintained  by the United States department of health and human services, if applicable.