N.Y. Public Health Law § 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