• Inform residents, their representatives, and families of those residing in facilities by 5 p.m. the next calendar day following the occurrence of either a single confirmed infection of COVID-19, or three or more residents or staff with new onset of respiratory symptoms occurring within 72 hours of each other. This information must:
  • Not include personally identifiable information;
  • Include information on mitigating actions implemented to prevent or reduce the risk of transmission, including if normal operations of the facility will be altered; and
  • Include any cumulative updates for residents, their representatives, and families at least weekly or by 5 p.m. the next calendar day following the subsequent occurrence of either: each time a confirmed infection of COVID-19 is identified, or whenever three or more residents or staff with new onset of respiratory symptoms occur within 72 hours of each other.

In addition, federal nursing home regulations require facilities to keep families and representatives updated on the resident’s condition.

New York State Public Health Law (PHL) Section 2803(12) includes Pandemic Emergency Plan (PEP) requirements that require nursing homes to have and implement a communication plan:

• 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.

The Department of Health (DOH) has not adopted regulations governing these communication requirements or issued guidance.

Although DOH has not issued any directive indicating that the PEPs have been activated, on Nov. 26, 2021, Governor Kathy Hochul issued Executive Order (EO) 11 declaring a disaster emergency as a result of rising rates of COVID-19 infections. Given this declaration, it is not unreasonable to assume that the PEPs are in effect.

Please feel free to contact Amy Nelson with any questions.

Contact: Amy Nelson, anelson@leadingageny.org, 518-867-8383 ext. 146