what are your thoughts on this? 2021-2022 Regul

what are your thoughts on this?

2021-2022 Regular Sessions

IN ASSEMBLY

Prefiled)

January 6, 2021

Introduced by M. of A. PERRY -- read once and referred to the Committee
on Health

AN ACT to amend the public health law, in relation to the removal of
cases, contacts and carriers of communicable diseases who are poten-
tially dangerous to the public health


The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

1 Section 1. The public health law is amended by adding a new section
2 2120-a to read as follows:
3 § 2120-a. Removal and detention of cases, contacts and carriers who
4 are or may be a danger to public health; other orders. 1. The provisions
5 of this section shall be utilized in the event that the governor
6 declares a state of health emergency due to an epidemic of any communi-
7 cable disease.
8 2. Upon determining by clear and convincing evidence that the health
9 of others is or may be endangered by a case, contact or carrier, or
10 suspected case, contact or carrier of a contagious disease that, in the
11 opinion of the governor, after consultation with the commissioner, may
12 pose an imminent and significant threat to the public health resulting
13 in severe morbidity or high mortality, the governor or his or her dele-
14 gee, including, but not limited to the commissioner or the heads of
15 local health departments, may order the removal and/or detention of such
16 a person or of a group of such persons by issuing a single order, iden-
17 tifying such persons either by name or by a reasonably specific
18 description of the individuals or group being detained. Such person or
19 group of persons shall be detained in a medical facility or other appro-
20 priate facility or premises designated by the governor or his or her
21 delegee and complying with subdivision five of this section.
22 3. A person or group removed or detained by order of the governor or
23 his or her delegee pursuant to subdivision two of this section shall be

EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04443-01-1

1 detained for such period and in such manner as the department may direct
2 in accordance with this section.
3 4. Notwithstanding any inconsistent provision of this section:
4 (a) A confirmed case or a carrier who is detained pursuant to subdivi-
5 sion two of this section shall not continue to be detained after the
6 department determines that such person is no longer contagious.
7 (b) A suspected case or suspected carrier who is detained pursuant to
8 subdivision two of this section shall not continue to be detained after
9 the department determines, with the exercise of due diligence, that such
10 person is not infected with or has not been exposed to such a disease,
11 or if infected with or exposed to such a disease, no longer is or will
12 become contagious.
13 (c) A person who is detained pursuant to subdivision two of this
14 section as a contact of a confirmed case or a carrier shall not continue
15 to be detained after the department determines that the person is not
16 infected with the disease or that such contact no longer presents a
17 potential danger to the health of others.
18 (d) A person who is detained pursuant to subdivision two of this
19 section as a contact of a suspected case shall not continue to be
20 detained:
21 (i) after the department determines, with the exercise of due dili-
22 gence, that the suspected case was not infected with such a disease, or
23 was not contagious at the time the contact was exposed to such individ-
24 ual; or
25 (ii) after the department determines that the contact no longer
26 presents a potential danger to the health of others.
27 5. A person who is detained pursuant to subdivision two of this
28 section shall, as is appropriate to the circumstances:
29 (a) have his or her medical condition and needs assessed and addressed
30 on a regular basis, and
31 (b) be detained in a manner that is consistent with recognized
32 isolation and infection control principles in order to minimize the
33 likelihood of transmission of infection to such person and to others.
34 6. When a person or group is ordered to be detained pursuant to subdi-
35 vision two of this section for a period not exceeding three business
36 days, such person or member of such group shall, upon request, be
37 afforded an opportunity to be heard. If a person or group detained
38 pursuant to subdivision two of this section needs to be detained beyond
39 three business days, they shall be provided with an additional commis-
40 sioner's order pursuant to subdivisions two and eight of this section.
41 7. When a person or group is ordered to be detained pursuant to subdi-
42 vision two of this section for a period exceeding three business days,
43 and such person or member of such group requests release, the governor
44 or his or her delegee shall make an application for a court order
45 authorizing such detention within three business days after such request
46 by the end of the first business day following such Saturday, Sunday, or
47 legal holiday, which application shall include a request for an expe-
48 dited hearing. After any such request for release, detention shall not
49 continue for more than five business days in the absence of a court
50 order authorizing detention. Notwithstanding the foregoing provisions,
51 in no event shall any person be detained for more than sixty days with-
52 out a court order authorizing such detention. The governor or his or her
53 delegee shall seek further court review of such detention within ninety
54 days following the initial court order authorizing detention and there-
55 after within ninety days of each subsequent court review. In any court
56 proceeding to enforce an order of the governor or his or her delegee for

read in full
https://legislation.nysenate.gov/pdf/bills/2021/A416