BILL NUMBER: S15
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the public health law, in relation to requiring nursing
homes to designate dedicated storage spaces for the storage of the
bodies of deceased persons
 
PURPOSE:
To require nursing homes to designate dedicated storage spaces for the
bodies of deceased residents upon the declaration by the Governor of a
disaster emergency.
 
SUMMARY OF PROVISIONS:
Section 1: Adds a new Public Health Law section 2810-a stating that upon
the declaration by the governor of a disaster emergency pursuant to
section twenty-eight of the executive law that a disaster has occurred
or may be imminent and that such disaster may result in excess mortality
that could overwhelm the capacity of a facility to meet the demand for
its services, every nursing home must submit to the Department of Health
(DOH) a plan designating a location for temporary on-site storage of
bodies of deceased residents who die at the nursing home until those
bodies can be safely transferred to appropriate parties. The bill spells
out requirements and options for storage spaces, including on-site and
use of contracted mobile facilities; recordkeeping requirements; and DOH
approval, regulatory, oversight, and inspection authority of storage
spaces.
Section 2: Sets effective date
 
JUSTIFICATION:
The COVID-19 pandemic highlighted significant challenges in how nursing
homes manage the remains of deceased residents. The absence of appropri-
ate on-site storage facilities placed undue strain on all parties
involved in the final disposition process, including funeral homes,
which faced overwhelming demand for their services. The urgent need to
remove deceased individuals often proved logistically impractical and
conflicted with the shared goal of handling such situations with digni-
ty, sensitivity, and care. Unlike hospitals, nursing homes are not
equipped with morgues, leaving them ill-prepared to address surges in
mortality during crises. To address this gap, this bill mandates nursing
homes designate and maintain a dedicated space functional as a temporary
holding area for deceased residents during declared states of emergency.
This requirement ensures a more dignified and efficient process for
managing remains, aligning with the expectations of families, funeral
directors, and nursing home staff.
 
LEGISLATIVE HISTORY:
Senate
2021: N/A
2022: S8159, Referred to Health
2023: S3572A, Referred to Health
2024: S3572A, Amend and Recommit to Health
Assembly
2021: A8466, Referred to Health
2022: A8466, Referred to Health
2023: A7085A, Passed Assembly
2024: A7085A, Amended on Third Reading 7085a
 
FISCAL IMPLICATIONS:
None to the State or Local Governments.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the commissioner of health may make
regulations and take other actions reasonably necessary to implement the
provisions of this act on or before such effective date.