Requires counties and cities with a population of one million or more to prepare comprehensive emergency management plans.
TITLE OF BILL: An act to amend the executive law, in relation to requiring counties and cities with a population of one million or more to prepare comprehensive emergency management plans
Purpose Or General Idea Of Bill:
The purpose of this bill is to require counties and cities with a population of one million or more to adopt comprehensive emergency management plans, which would include provisions for the deployment of home health care and hospice personell during local emergencies.
Summary Of Specific Provisions:
Section 1 would require all counties and all cities with a population of one million or more to prepare a comprehensive emergency management plan.
Section 2 would require the preparation of such plans to be adopted with the coordination, advice, and assistance from organizations that provide home health care services and organizations that provide hospice services, in addition to the other entities already provided for by law.
Section 3 would require such plans to include procedures for the deployment of physicians, nurses, medical professionals, personnel deployed by certified home health agencies, long term home health care programs or licensed home care services agencies governed under article thirty-six of the public health law, personnel deployed by hospices certified pursuant to article forty of the public health law or any other personnel deemed necessary, including deployment in areas where access has otherwise been restricted or subject to curfew in declared emergencies.
Section 4 would require each county and each city with a population of one million or more to revise such plans in the event such revisions are needed to comply with the provisions of this act. Such revised plans would also be required to be submitted to the disaster preparedness commission.
Section 5 would clarify that during a local state of emergency, local orders may establish a curfew and prohibit and control pedestrian and vehicular traffic, except essential emergency vehicles and personnel, and except as consistent with local comprehensive emergency management plans.
Section 6 provides for an immediate effective date.
Effects Of Present Law Which This Bill Would Alter:
Currently, the executive law permits counties, cities, towns, and villages to adopt local comprehensive emergency management plans. This bill would require all counties and all cities with a population of one million or more to prepare such plans.
In addition, this bill would clarify that personnel providing home health care services and hospice services should be consulted in the preparation of such plans and that such plans include provisions for the deployment of such personnel during an emergency.
By enacting this legislation, New York State would help to ensure that the deployment of home health and hospice personnel is adequately addressed during local emergencies. Access to patients in restricted zones was a major problem for home care and hospice staff in responding to Hurricane Sandy as well as other emergency situations, and this bill seeks to prevent such situations in the future.
Prior Legislative History:
2013: A6530 - referred to governmental operations
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4719--A 2013-2014 Regular Sessions IN SENATE April 19, 2013 ___________Introduced by Sens. LANZA, SAVINO, AVELLA, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs -- recommitted to the Committee on Veterans, Homeland Security and Military Affairs in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the executive law, in relation to requiring counties and cities with a population of one million or more to prepare comprehen- sive emergency management plans THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 23 of the executive law, as amended by section 4 of part B of chapter 56 of the laws of 2010, is amended to read as follows: 1. Each county, except those contained within the city of New York, and each CITY WITH A POPULATION OF ONE MILLION OR MORE, SHALL PREPARE A COMPREHENSIVE EMERGENCY MANAGEMENT PLAN. EACH city WITH A POPULATION OF LESS THAN ONE MILLION, town and village is authorized to prepare A comprehensive emergency management
[plans]PLAN. The disaster prepared- ness commission shall provide assistance and advice for the development of such plans. [City]EACH CITY WITH A POPULATION OF LESS THAN ONE MILLION, town and village [plans]PLAN shall be coordinated with the county plan. S 2. Subdivision 5 of section 23 of the executive law, as amended by section 4 of part B of chapter 56 of the laws of 2010, is amended to read as follows: 5. In preparing such plans, cooperation, advice and assistance shall be sought from local government officials, regional and local planning agencies, police agencies, fire departments and fire companies, local emergency management agencies, commercial and volunteer ambulanceEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10093-06-4 S. 4719--A 2
services, health and social services officials, community action agen- cies, the chief administrator of the courts, organizations for the elderly and the handicapped, ORGANIZATIONS THAT PROVIDE HOME HEALTH CARE SERVICES, ORGANIZATIONS THAT PROVIDE HOSPICE SERVICES, other interested groups and the general public. Such advice and assistance may be obtained through public hearings held on public notice, or through other appropriate methods. S 3. Subparagraphs 17 and 18 of paragraph b of subdivision 7 of section 23 of the executive law, as amended by section 4 of part B of chapter 56 of the laws of 2010, are amended and a new subparagraph 19 is added to read as follows: (17) continued operation of governments of political subdivisions;
[and](18) utilization and coordination of programs to assist individuals with household pets and service animals following a disaster, with particular attention to means of evacuation, shelter and transportation options [.]; AND (19) PROCEDURES FOR THE DEPLOYMENT OF PHYSICIANS, NURSES, MEDICAL PROFESSIONALS, PERSONNEL DEPLOYED BY CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS OR LICENSED HOME CARE SERVICES AGEN- CIES GOVERNED UNDER ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW, PERSON- NEL DEPLOYED BY HOSPICES CERTIFIED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH LAW OR ANY OTHER PERSONNEL DEEMED NECESSARY, INCLUDING DEPLOYMENT IN AREAS WHERE ACCESS HAS OTHERWISE BEEN RESTRICTED OR SUBJECT TO CURFEW IN DECLARED EMERGENCIES. S 4. Each county, and each city with a population of one million or more, that on the effective date of this act has already prepared a comprehensive emergency management plan shall revise such plan in the event such revisions are needed to comply with the provisions of this act, and shall submit such revised plan to the disaster preparedness commission on or before the one hundred eightieth day after the effec- tive date of this act. S 5. Paragraph a of subdivision 1 of section 24 of the executive law, as added by chapter 640 of the laws of 1978, is amended to read as follows: a. the establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except essential emergency vehicles and personnel, AND EXCEPT AS CONSISTENT WITH A LOCAL COMPREHENSIVE EMER- GENCY MANAGEMENT PLAN; S 6. This act shall take effect immediately.