2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-AA*2 - Nursing Home Infection Control Competency Audit.

* §  2803-aa. Nursing home infection control competency audit.  1. The
commissioner shall establish in the department a program for  audits  of
nursing   homes  to  measure  specific  core  competencies  relating  to
infection control of each nursing home. The  audits  shall  commence  on
December 1, 2022, and shall be conducted annually thereafter.
2.  (a)  The  audit  shall utilize a checklist that is consistent with
focused infection control survey standards issued by the federal centers
for  Medicare  and  Medicaid  services  to  evaluate  infection  control
competency of each nursing home.
(b)  A  nursing  home must meet all metrics on the checklist developed
pursuant to paragraph (a)  of  this  subdivision  to  be  scored  as  in
compliance with infection control.
(c)  If  a  nursing  home  fails  to meet all metrics on the checklist
developed pursuant to paragraph (a) of this subdivision, the  department
shall  conduct another infection control audit within ninety days of the
initial determination. The department shall  continue  to  conduct  such
ninety day audits until the nursing home is scored as in compliance with
infection   control   competency.   The   department   may  also  pursue
administrative penalties, including but  not  limited  to  citation  for
violation  of  infection  control  standards and imposing civil monetary
penalties pursuant to section twelve of this chapter.
3. An audit of core competencies shall include, but not be limited to,
the following, and shall be consistent with  focused  infection  control
survey standards issued by the federal centers for Medicare and Medicaid
services:
(a)  Infection control. (i) The nursing home shall assign an infection
lead staff person to implement infection control based  on  federal  and
state public health advisories, guidelines and rules.
(ii)  The  nursing home shall have a written infection control program
which includes, but is not limited to:
(A) A  plan  to  investigate,  control  and  take  action  to  prevent
infections in the nursing home;
(B)  Procedures  for isolation and universal precautions for residents
suspected or confirmed to have a contagious or infectious disease; and
(C)  A  record  of  incidences  and  corrective  actions  related   to
infections at the nursing home.
(iii)  During  an  officially declared national emergency, or state or
municipal emergency declared pursuant to article two-B of the  executive
law, related to a contagious or infectious disease outbreak, the nursing
home shall have screening requirements for every individual entering the
facility,  including  staff, for symptoms associated with the infectious
disease outbreak.
(iv) The nursing home shall have a  staffing  and  cohorting  plan  to
limit  transmission, which is based on national (for example, centers of
disease control and centers for Medicare and Medicaid  services),  state
or  local  public  health  authority  recommendations. Such staffing and
cohorting plan may include, but not be limited to:
(A) Having dedicated, consistent staffing teams who directly  interact
with  residents  that  are  confirmed or suspected to be infected with a
contagious or infectious disease;
(B) Limiting clinical and other staff who have direct resident contact
to specific areas of the facility and not rotating staff between various
areas of the facility during the period they are working each day during
periods of recognized outbreaks; and
(C) Having a  dedicated  space  in  the  facility  for  cohorting  and
managing  care  for  residents  with  an  infectious  disease,  such  as
COVID-19.
(v) The nursing home shall ensure  ongoing  access  to  the  necessary
supplies   for   hand   hygiene   for   staff  and  residents,  hospital
disinfectants or alternatives to allow  for  necessary  and  appropriate
cleaning   and   disinfecting  of  surfaces  and  shared  resident  care
equipment.
(vi)  The  nursing  home shall train staff and establish protocols for
selecting, donning and doffing appropriate personal protective equipment
and demonstrate competency during resident care. The nursing  home  must
keep  a  record  of  staff  training  in proper storage, use, reuse, and
disposal of personal protective equipment.
(vii) The nursing home must designate a staff member or members who is
responsible for ensuring the proper use of personal protective equipment
by all staff.
(b) The nursing home shall demonstrate that there  has  been  advanced
planning,  in alignment with the facility's emergency preparedness plans
and pandemic emergency plan, for contingent staffing needs in  the  case
of  staff  quarantines  that  shall  have  an  employee  responsible for
conducting a daily assessment of staffing status  and  needs  during  an
outbreak   of   infectious  or  contagious  diseases,  and  institute  a
sick-leave policy that does not punish staff with disciplinary action if
they are absent from work because they are exhibiting symptoms, or  test
positive,  for  an  infectious  disease.  Such  policies shall offer the
maximum amount of flexibility to staff  and  be  consistent  with  state
guidance.
(c)   The   nursing   home   shall  have  a  written  plan  for  daily
communications  with  staff,  residents,  and  the  residents'  families
regarding  the status of infections at the nursing home. Such plan shall
be consistent with the  requirements  set  forth  in  paragraph  (a)  of
subdivision  twelve  of  section  twenty-eight  hundred  three  of  this
article. The nursing home must designate one or more staff  members  who
are  responsible  for  these  communications  with  staff, residents and
residents' families.
* NB There are 2 § 2803-aa's