Requires licensed providers of long-term skilled nursing care to establish permanent morgue for use in non-emergent periods and supplemental morgue space for use in public emergencies.

A4187

ASSEMBLY, No. 4187

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Requires licensed providers of long-term skilled
nursing care to establish permanent morgue for use in non-emergent periods and
supplemental morgue space for use in public emergencies.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning
the establishment and use of
permanent morgues and supplemental emergency morgue space by facilities and
parts of facilities that are licensed to provide long-term skilled nursing care
and supplementing Title 26 of the Revised Statutes

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� As used in this act:

���� �Cold storage� means storage
in a permanent morgue or in an emergency morgue space.

���� �Commissioner� means the
Commissioner of Health.

���� �Dead body� means the intact
corporeal remains of an individual whose death has been declared pursuant to
the �New Jersey Declaration of Death Act,� P.L.1991, c.90 (C.26:6A-1 et seq.).

���� �Department� means the
Department of Health.

���� �Deployed� means moved onto or
otherwise made available for use on the premises of the nursing home.

���� �Emergency morgue space� means
a mobile morgue space or other makeshift facility or area, or a combination
thereof, which is separate and distinct from a nursing home�s permanent morgue
and is deployed and used for the safe and humane temporary storage of the dead
bodies of nursing home patients or residents who die during a public emergency.

���� �Final disposition� means the
burial, cremation, or other authorized means of disposal of a dead body.

���� �Long-term cold storage plan�
or �plan� means the long-term plan for the temporary cold storage of dead
bodies that is prepared and implemented by a nursing home pursuant to section 3
of this act.

���� �Mobile morgue space� means a
refrigerated vehicle or other mobile cold storage unit, or a combination
thereof, which satisfies the conditions of subsection a. of section 4 of this
act, and which functions either as emergency morgue space or as a permanent
morgue.�

���� �Non-emergency mobile morgue
space� means a mobile morgue space that functions as a permanent morgue, as
provided by subsection c. of section 2 of this act, in accordance with a plan
adopted pursuant to section 3 of this act.

���� �Non-emergent period� means
any period of time during which a public emergency is not declared to exist in
the nursing home�s region of operations.

���� �Nursing home� means a
stand-alone facility, or a distinct and separately licensed part of a facility,
in which extended medical or skilled nursing treatment or care is provided, on
a continuing basis, to two or more nonrelated individuals who are convalescing,
who have an injury, a physical disability, or an acute or chronic illness, or
who require assistance in bathing or dressing or some other type of
supervision, and which is either licensed as a long-term care facility or
licensed and authorized to provide skilled nursing care services pursuant to
P.L.1971, c.136 (C.26:2H-1 et seq.).� �Nursing home� includes the New Jersey
Veterans� Memorial Home�Menlo Park, the New Jersey Veterans� Memorial
Home�Paramus, and the New Jersey Veterans� Memorial Home�Vineland.� �Nursing
home� does not include a general, special, or psychiatric hospital; the New
Jersey Fireman�s House; any community-based residence; or any stand-alone
facility or distinct part of a facility that is licensed as an assisted living
residence, an assisted living program, a comprehensive personal care home, a
residential health care facility, a dementia care home, an adult day care
facility, an adult family care home, an alternate family care program, or a
home health agency.

���� �Permanent morgue� means a
secure, restricted, and refrigerated room or other area that satisfies the
requirements of subsection a. of section 4 of this act and is used by a nursing
home for the safe and humane temporary storage of the dead bodies of nursing
home patients or residents who die during non-emergent periods.� �Permanent
morgue� includes non-emergency mobile morgue space, but does not include
emergency morgue space.

���� �Public emergency� means an
epidemic of disease or another public health emergency, a biological, chemical,
nuclear, or toxic attack or event, or any other event, as defined by the rules
or regulations adopted pursuant to section 8 of this act, which is occurring in
the nursing home�s region of operations and is officially recognized and
declared as a public emergency in the region by the Governor of New Jersey or
the President of the United States.

���� �Public morgue� means a county
public morgue designated pursuant to section 1 of P.L.1971, c.200 (C.40A:9-51
et seq.).

���� 2.��� a.� A nursing home shall
designate, establish, acquire, or contract with a third-party to provide a
refrigerated vehicle, mobile cold storage unit, or other makeshift facility or
area, or a combination thereof, for use by the nursing home as emergency morgue
space in times of public emergency.� Emergency morgue space shall:�

���� (1)�� be deployed at the
nursing home and placed into service within 72 hours after the declaration of
any public emergency or, if a public emergency is ongoing on the effective date
of this act, within 72 hours after this act�s effective date;

���� (2)�� remain in service on the
premises of the nursing home until the public emergency is declared to be over,
except as otherwise provided by paragraph (1) of subsection a. of section 4 of
this act; and

���� (3)�� be removed from service
and, if mobile, moved off of the premises of the nursing home upon the
conclusion of the public emergency and following the transfer of all dead
bodies contained therein pursuant to section 5 of this act.

���� b.��� A nursing home shall
ensure that emergency morgue space is deployed and placed into service during a
public emergency, as provided by subsection a. of this section, regardless of
whether the nursing home�s long-term cold storage plan has been submitted, approved,
or conditionally approved pursuant to section 3 of this act.� Within 72 hours
after a nursing home�s initial plan is approved or conditionally approved
pursuant to subsection d. of section 3 of this act, the nursing home shall
reevaluate any previously deployed emergency morgue space and modify the space
as necessary to ensure that it complies with the provisions of the approved or
conditionally approved plan.� Any contract executed with a third-party
provider, pursuant to this subsection, shall be subject to modification or
rescission by the nursing home, upon reasonable notice to the third-party
provider in accordance with the terms of the contract, as may be necessary to
ensure the nursing home�s compliance with its approved or conditionally approved
plan and the provisions of this subsection.

���� c.���� A nursing home may
designate, establish, acquire, or contract with a third-party to provide a
refrigerated vehicle or other mobile cold storage unit, or a combination
thereof, to function as a permanent morgue for the purposes of paragraph (1) of
subsection a. of section 3 of this act; however, any vehicle or mobile storage
unit used for these purposes shall not be deemed to be emergency morgue space
for the purposes of complying with subsection a. of this section and shall be
supplemented by emergency morgue space during any public emergency, as provided
by subsection a. of this section.�

���� 3.��� a.� A nursing home shall
develop a long-term plan to provide for the ongoing temporary on-site storage
of the dead bodies of patients or residents who die at the nursing home during
non-emergent periods and during times of public emergency, until such time as
those bodies can be transferred to appropriate parties for the purposes of
autopsy or final disposition as provided by section 5 of this act.� A plan
developed pursuant to this section shall, at a minimum:

���� (1)�� provide for the
establishment of, or designate an existing area of the nursing home as, a
permanent morgue.� If the nursing home does not currently have a room or other
area that can be designated and used as a permanent morgue, the plan shall
describe how the nursing home will satisfy the requirements of this paragraph,
whether through the construction of a new building, the construction of an
addition to an existing building, the modification of an existing room or
building, or the ongoing and uninterrupted use of a non-emergency mobile morgue
space pursuant to subsection c. of section 2 of this act;�

���� (2)�� describe, and identify
the current location of, emergency morgue space that has been designated,
established, acquired, or contracted for use during public emergencies pursuant
to subsection a. of section 2 of this act; identify the third-party provider,
if any, who will provide or who is currently providing the emergency morgue
space; and describe the means, methods, and procedures that will be used by the
nursing home and any contracted third-party provider to ensure that the
emergency morgue space is deployed, remains in service, and is removed from
service in accordance with the timeframes specified by subsection a. of section
2 of this act;

���� (3)�� identify the maximum
number of dead bodies and the percentage of the nursing home�s total patient or
resident capacity that can be safely, humanely, and simultaneously stored
within the confines of the nursing home�s permanent morgue and within the confines
of the nursing home�s designated emergency morgue space, and describe the
means, methods, and procedures that will be used by the nursing home to ensure
that its emergency morgue space remains sufficient for the nursing home�s
needs, as provided by paragraph (2) of subsection b. of section 4 of this act;
and

���� (4)�� identify the means,
methods, and procedures that will be used by nursing home administrators and
staff to ensure:� (a) that dead bodies are handled, stored, and transferred in
a safe, sanitary, respectful, and humane way, in accordance with all applicable
laws and regulations; (b) that each dead body is properly identified at the
time of placement into cold storage, throughout the duration of the time kept
in cold storage, and at the time of the body�s transport out of cold storage;
and (c) that each dead body is kept in cold storage for as short a time as is
necessary before being safely and humanely transferred to other appropriate
parties for the purposes of autopsy or final disposition, as appropriate.

���� b.��� (1)� A nursing home
operating in the State on the effective date of this act shall prepare and
submit the plan required by this section to the department, as soon as is
practicable, but not more than 30 days, after the effective date of this act,
regardless of whether emergency rules and regulations have been adopted
pursuant to section 8 of this act.

���� (2)�� A nursing home
commencing operations in the State after the effective date of this act shall
prepare and submit the plan required by this section to the department as part
of its application for licensure as a long-term care facility or as a skilled
nursing care provider under P.L.1971, c.136 (C.26:2H-1 et seq.).

���� c.���� (1)� A nursing home
shall review the plan developed under this section and revise it, as
appropriate:� (a) immediately following the adoption of emergency rules and
regulations pursuant to section 8 of this act if such rules and regulations
were not in effect at the time of the initial submission pursuant to subsection
b. of this section; and (b) on at least a biennial basis after the plan�s
initial approval or conditional approval pursuant to subsection d. of this
section; and

���� (2)�� submit a revised plan to
the department within 10 days after making any material change thereto.

���� d.��� The department shall
review an initial or revised plan submitted pursuant to this section and shall
approve or conditionally approve the plan either within 30 days after receipt
thereof or, if the plan is submitted pursuant to paragraph (2) of subsection b.
of this section, upon the department�s issuance of a license to the applicant.�
The department shall approve the plan if it complies with the provisions of
this act and the rules and regulations adopted pursuant thereto, to the extent
that those rules and regulations have been adopted.� If the department
conditionally approves the plan, it shall state, in writing, the reasons for
the conditional approval and the revisions that are to be made to the plan in
order to ensure that it complies with the act and the rules and regulations
adopted pursuant thereto.� The nursing home shall adopt and implement the plan
in accordance with any mandatory revisions that are identified by the
department pursuant to this paragraph.� If the department does not respond to the
submission as provided by this subsection, the initial or revised plan shall be
deemed to be approved on a non-conditional basis, and the nursing home shall
proceed to implement the plan without change.

���� e.���� (1)� A nursing home
shall ensure that the permanent morgue required by paragraph (1) of subsection
a. of this section is fully constructed or is otherwise made functional, and is
placed into service in accordance with the plan adopted pursuant to this section,
within one year after the plan is approved or conditionally approved pursuant
to subsection d. of this section or within any extended period of time, as may
be authorized pursuant to paragraph (2) of this subsection, which is deemed to
be necessary to ensure the proper construction of the permanent morgue.�

���� (2)�� If a nursing home
determines, during planning, that it will not be able to construct its
permanent morgue within the timeframe specified by paragraph (1) of this
subsection, the nursing home shall include, as an addendum to the initial plan
submitted pursuant to subsection b. of this section, a formal request seeking
an extension of the timeframe provided for construction under this subsection
and specifying the amount of extended time needed to complete construction.�
The department, in its response pursuant to subsection d. of this section,
shall approve, approve with modifications, or reject the nursing home�s request
for an extension of time under this paragraph and specify the extended
deadline, if any, by which the permanent morgue is to be placed into service.�
If the department does not respond to the nursing home�s initial plan
submission under this section, any request for an extension of time that was
submitted as an addendum to the plan shall be deemed to be approved without
modification, and the nursing home shall proceed to construct its permanent
morgue in accordance with the extended timeframe specified in the addendum.

���� (3)�� A nursing home shall not
be eligible for an extension of time under this subsection if it is planning to
use a mobile morgue space as a permanent morgue, as provided by subsection c.
of section 2 of this act.

���� 4.��� a.� Any area used as a
permanent morgue and any vehicle, mobile cold storage unit, or other makeshift
facility or area used as emergency morgue space for the purposes of this act
shall:

���� (1)�� be located on, or
immediately adjacent to, the premises of the nursing home at all times during
use under this act, except that a mobile morgue space may be temporarily
removed from the premises of the nursing home for the purposes of directly
transporting a dead body for autopsy or final disposition;

���� (2)�� be closed-off and
isolated from public view and removed, to the greatest extent practicable, from
patient or resident living quarters and common areas;

���� (3)�� be fully refrigerated or
contain refrigeration or freezer drawers or other cold storage areas where dead
bodies will be stored;

���� (4)�� be of suitable
construction, contain appropriate equipment, and be of sufficient size, as
provided by subsection b. of this section, to ensure the lawful, safe,
respectful, and humane handling and storage of the dead bodies of nursing home
patients or residents;

���� (5)�� have lockable doors to
ensure that access is limited to only those individuals who are directly
involved in the transport of dead bodies to or from, or the sanitation of, the
permanent morgue or emergency morgue space;

���� (6)�� be equipped with alarms
to signal intrusion and unacceptable temperature variations;

���� (7)�� have surfaces and
flooring constructed of nonporous materials that may be easily cleaned and
disinfected; and

���� (8)�� be equipped with a
working sink or other hand sanitizing station.

���� b.��� (1)� A permanent morgue
established and used pursuant to this act shall be capable of safely, humanely,
and simultaneously storing the dead bodies of at least two of the nursing
home�s patients or residents.

���� (2)�� The size of any
emergency morgue space used under this act shall be determined based on the
individual needs of the nursing home, but shall be sufficient to ensure the
safe and humane temporary storage of the dead bodies of patients or residents
who die at the nursing home during times of public emergency.� If, at any time
during a public emergency, a nursing home�s emergency morgue space becomes
insufficient to safely and humanely store the dead bodies of patients or
residents who have died during the public emergency, the nursing home shall
make every reasonable effort to promptly expand its emergency morgue space as
necessary to ensure that the provisions of this paragraph are satisfied.

���� c.���� Eating, drinking,
smoking, and the application of cosmetics or contact lenses shall not be
permitted in any permanent morgue or emergency morgue space.

���� d.��� Gloves, masks, medical
coats or gowns, and other appropriate personal protective equipment (PPE) shall
be worn by staff while handling dead bodies for the purposes of this act and
shall be sufficient to protect against the transmission of disease and exposure
to toxic substances, to the greatest extent practicable.� Such protective
clothing and accessories shall be disposed of in an appropriate receptacle or
cleaned in accordance with the manufacturer�s specified guidelines immediately
after use.

���� e.���� A permanent morgue or
emergency morgue space operating on the premises of a nursing home pursuant to
this act shall not be used for any purpose other than the storage of the dead
bodies of the nursing home�s patients or residents.� Such facility shall not be
deemed to be a public morgue and shall not be required to accept or store the
dead bodies of any persons who are not patients or residents of the nursing
home.

���� 5.��� a.� A nursing home shall
ensure that each dead body placed in cold storage pursuant to this act is
transferred to another party for the purposes of autopsy or final disposition,
as appropriate, in accordance with the following timeframes:�

���� (1)�� during non-emergent
periods, as soon as may be practicable, but not more than five days, after
being placed into cold storage; or

���� (2)�� if a public emergency is
ongoing or is declared while the body is in storage, as soon as may be
practicable in the context of the public emergency.�

���� b.��� The handling and
transfer of dead bodies pursuant to this act shall be done safely,
respectfully, humanely, and in accordance with all applicable laws and
regulations.�

���� c.���� In effectuating the
transfer of a dead body to or from cold storage pursuant to this act, the
nursing home shall ensure that the dead body:�

���� (1)�� is placed in a secure,
closed container or is otherwise isolated from public view; and

���� (2)�� is moved in and out of
cold storage in a manner, and using equipment, that protects the health and
wellbeing of the other patients or residents of the nursing home, and of
nursing home staff, to the greatest extent practicable.

���� 6.��� a.� In addition to any
other records required by law, a nursing home shall maintain complete and
accurate records of its storage and transfer of dead bodies pursuant to this
act.� Such records shall be maintained for a period of five years.�

���� b.��� The records maintained
pursuant to this section shall include:

���� (1)�� a death certificate or
other documentation showing the declared date and time of death and, to the
extent known, the cause of death for each dead body placed in cold storage;

���� (2)�� documentation showing
the date that each dead body was moved to cold storage and whether the body was
held in the nursing home�s permanent morgue or emergency morgue space;

���� (3)�� documentation showing
the date and time that each dead body was transferred from cold storage to
another party for the purposes of autopsy or final disposition and the reason
the body was transferred;

���� (4)�� documentation
identifying the persons or entities who provided transport services for the
purposes of transferring each dead body out of the permanent morgue or
temporary morgue space;

���� (5)�� copies of transit or
other permits that were received or used by the nursing home in association
with the transfer and final disposition of each dead body held in cold storage;

���� (6)�� a copy of any contract
executed between the nursing home and a third-party provider of mobile morgue
space pursuant to section 2 of this act; and

���� (7)�� any other records or
documentation required by the commissioner.

���� 7.��� a.� The department shall
be authorized to inspect, at any time and without prior notice, the permanent
morgue or emergency morgue space that is used by a nursing home for the
purposes of this act.

���� b.��� Any person who believes
that a nursing home has engaged in actions or inactions that violate the
provisions of this act or the provisions of a plan adopted pursuant thereto may
submit a written complaint to the commissioner setting forth the factual basis
for the belief.� Upon receipt of such a complaint, the department shall
investigate the merits of the claim and give the nursing home an opportunity to
respond to the allegations.

���� c.���� If, following an
inspection conducted under subsection a. of this section, or following an
investigation conducted under subsection b. of this section, or for any other
reason, the commissioner has reason to believe that a nursing home has
inhumanely or unsafely handled or stored the dead bodies of its patients or
residents or has otherwise violated any provisions of this act or the plan
adopted pursuant thereto, the commissioner shall order the nursing home to
cease and desist the unlawful practice and undertake corrective action, within
a reasonable timeframe, as may be deemed by the commissioner to be necessary to
ensure future compliance with this act or the nursing home�s plan, as the case
may be.� If the nursing home denies that a violation exists or has occurred, it
shall have the right to apply to the commissioner for a hearing, and any such
hearing shall be held, and a decision rendered, within 48 hours after receipt
of the request.�

���� d.��� Any nursing home that
fails to comply with an order of the commissioner, which is issued pursuant to
subsection c. of this section, shall be liable to a civil penalty of not more
than $1,000 for a first offense and not more than $5,000 for a second or subsequent
offense.� The penalties shall be sued for and collected in a summary proceeding
in accordance with the �Penalty Enforcement Law of 1999,� P.L.1999, c.274
(C.2A:58-10 et seq.).�

���� e.���� In addition to the
penalties provided by subsection d. of this section, if a nursing home fails to
comply with a cease and desist order issued pursuant to subsection c. of this
section, the commissioner may institute a civil action in a court of competent
jurisdiction to obtain injunctive relief, in accordance with the applicable
Rules of Court.

���� 8.��� Within 30 days after the
enactment of this act, and notwithstanding the provisions of the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.) to the
contrary, the Commissioner of Health shall, immediately upon filing proper
notice with the Office of Administrative Law, adopt rules and regulations as
may be necessary to implement the provisions of this act.� The rules and
regulations adopted pursuant this section shall remain in effect for a period
of not more than one year after the date of filing and, thereafter, shall be
adopted, amended, or readopted by the commissioner in accordance with the
requirements of the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1
et seq.).

���� 9.��� This act shall take
effect immediately.

STATEMENT

���� This bill would require each
nursing home in the State, in compliance with a long-term plan adopted pursuant
to the bill�s provisions, to:� 1) designate or establish a permanent morgue for
the storage of the dead bodies of patients or residents who die during
non-emergent times; and 2) designate, establish, acquire, or contract with a
third-party to provide a refrigerated vehicle, mobile cold storage unit, or
other makeshift facility or area, or a combination thereof, for use by the
nursing home as supplemental emergency morgue space in times of public
emergency.�

���� The bill would require
emergency morgue space to be deployed on the premises of the nursing home and
placed into service within 72 hours after the declaration of any public
emergency or, if a public emergency is ongoing on the effective date of this
bill, within 72 hours after this bill�s effective date.� The emergency morgue
space is to remain in service on the premises of the nursing home until the
public emergency is declared to be over, unless the space is mobile and is
temporarily moved off-site for the purposes of directly transporting dead
bodies for autopsy or final disposition.� Emergency morgue space is to be
deployed, in accordance with these requirements, regardless of whether the
nursing home has adopted a long-term plan for the temporary on-site storage of
dead bodies, as provided by the bill; however, any emergency morgue space
deployed before a plan is adopted will need to be reevaluated by the nursing
home at the time of the plan�s approval or conditional approval and modified as
necessary to comply with the provisions of the approved or conditionally
approved plan.

���� The long-term cold storage
plan developed by a nursing home under the bill is to be used to guide the
nursing home�s ongoing temporary storage of dead bodies during non-emergent
periods and times of public emergency.� The long-term plan is to:

���� 1)��� provide for the
establishment of, or designate an existing area of the nursing home as, a
permanent morgue.� If the nursing home does not currently have a room or other
area that can be designated and used as a permanent morgue, the plan is to
describe how the nursing home will satisfy the bill�s requirements, whether
through the construction of a new building, the construction of an addition to
an existing building, the modification of an existing room or building, or the
ongoing and uninterrupted use of a refrigerated vehicle or other mobile cold
storage unit as authorized by the bill; and

���� 2)��� describe, and identify
the current location of, any emergency morgue space that has been designated,
established, acquired, or contracted for use during public emergencies pursuant
to the bill�s provisions; identify the third-party provider, if any, who will
provide or who is currently providing the emergency morgue space; and describe
the means, methods, and procedures that will be used by the nursing home and
any contracted third-party provider to ensure that the supplemental emergency
morgue space is deployed, remains in service, and is removed from service in
accordance with the timeframes specified by the bill.�

���� A permanent morgue established
under the bill is to be capable of safely, humanely, and simultaneously storing
the dead bodies of at least two of the nursing home�s patients or residents.�
The size of any emergency morgue space is to be determined based on the
individual needs of the nursing home, but is to be sufficient to ensure the
safe and humane temporary storage of the dead bodies of patients or residents
who die at the nursing home during times of public emergency.� If, at any time
during a public emergency, a nursing home�s emergency morgue space becomes
insufficient to safely and humanely store the dead bodies of patients or
residents who have died during the public emergency, the nursing home will be
required to make every reasonable effort to promptly expand its emergency
morgue space as necessary to ensure that its emergency morgue capacity is
sufficient for its needs.�

���� The nursing home�s long-term
cold storage plan is to identify the maximum number of dead bodies and the
percentage of the nursing home�s total patient or resident capacity that can be
safely, humanely, and simultaneously stored within the confines of the nursing
home�s permanent morgue and within the confines of the nursing home�s emergency
morgue space, and is to further describe the means, methods, and procedures
that will be used by the nursing home to ensure that its emergency morgue space
remains sufficient for its needs.

���� The long-term plan would
additionally be required to identify the means, methods, and procedures that
will be used by nursing home administrators and staff to ensure:� 1) that dead
bodies are handled, stored, and transferred in a safe, sanitary, respectful,
and humane way, in accordance with all applicable laws and regulations; 2) that
each dead body is properly identified at the time of placement into cold
storage, throughout the duration of the time kept in cold storage, and at the
time of the body�s transport out of cold storage; and 3) that each dead body is
kept in cold storage for as short a time as is necessary before being safely
and humanely transferred to other parties for the purposes of autopsy or final
disposition.

���� A permanent morgue or
emergency morgue space operating on the grounds of a nursing home may not be
used for any purpose other than the storage of the dead bodies of the nursing
home�s patients or residents.� The facility will not be deemed to be a public
morgue, and will not be required to accept the dead bodies of any persons who
are not patients or residents of the nursing home.

���� The bill would require the
Commissioner of Health to adopt rules and regulations, on an emergency basis,
to implement the bill�s provisions.� The rules and regulations are to be
adopted within 30 days after the bill�s enactment, notwithstanding the provisions
of the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.) to
the contrary.

���� A nursing home operating in
the State on the effective date of this bill will be required to prepare and
submit its long-term plan to the department, as soon as is practicable, but not
more than 30 days, after the bill�s effective date, regardless of whether
emergency rules and regulations have been adopted pursuant to the bill�s
provisions.� A nursing home commencing operations in the State after the bill�s
effective date will be required to prepare and submit its long-term plan to the
department as part of its application for licensure as a long-term care
facility or skilled nursing care provider.� The plan is to be revised and
reapproved following the commissioner�s adoption of emergency rules and
regulations, if those rules and regulations were not adopted at the time of the
plan�s initial submission, and also on at least a biennial basis after the plan
is initially approved or conditionally approved.� Any revised plan is to be
submitted to the department within 10 days after material changes are made thereto.�

���� The department will be
required to review an initial or revised plan submitted pursuant to the bill
and approve or conditionally approve the plan either within 30 days after
receipt thereof or, if the plan is submitted as part of an application for
licensure, upon the department�s issuance of a license to the applicant.� If
the plan is conditionally approved, the nursing home will be required to adopt
and implement the plan in accordance with any mandatory revisions identified by
the department.� If the department does not respond to the submission, the plan
will be deemed approved on a non-conditional basis, and the nursing home may
proceed to implement the plan without change.

���� A nursing home will be
required to ensure that its permanent morgue is fully constructed or otherwise
made functional, and is placed into service in accordance with the nursing
home�s plan, within one year after the plan is approved or conditionally approved
or within any extended period of time, as authorized by the commissioner, which
may be necessary to ensure proper construction of the permanent morgue.� Any
request for an extension of the 180-day statutorily mandated timeframe is to be
submitted by the nursing home as an addendum to its initial plan; however, a
nursing home will not be eligible for an extension of time if it is planning to
use a mobile morgue space as a permanent morgue.

���� Any area used as a permanent
morgue and any vehicle, cold storage unit, or other makeshift area used as
emergency morgue space under the bill is to:� 1) be located on, or immediately
adjacent to, the premises of the nursing home at all times during use, except
that a mobile morgue space may be temporarily moved off-site when transporting
dead bodies for autopsy or final disposition; 2) be closed-off and isolated
from public view and removed, to the greatest extent practicable, from patient
or resident living quarters and common areas; 3) be fully refrigerated or
contain refrigeration or freezer drawers or other cold storage areas where dead
bodies will be stored; 4) be of suitable construction, contain appropriate
equipment, and be of sufficient size, as provided by the bill, to ensure the
lawful, safe, respectful, and humane handling and storage of dead bodies; 5)
have lockable doors; 6) be equipped with alarms to signal intrusion and
unacceptable temperature variations; 7) have surfaces and flooring constructed
of nonporous materials; and 8) be equipped with a working sink or other hand
sanitizing station.

���� The bill would prohibit
eating, drinking, smoking, and the application of cosmetics or contact lenses
in any permanent morgue or emergency morgue space, and it would require
personal protective equipment (PPE) to be worn by staff while handling dead
bodies for the bill�s purposes.�

���� The bill would require a
nursing home to ensure that each dead body is transferred to another party for
the purposes of autopsy or final disposition, during non-emergent periods, as
soon as possible, but not more than five days, after the body is placed into
cold storage or, if a public emergency is ongoing or is declared while the body
is in storage, as soon as may be practicable in the context of the public
emergency.� When moving a dead body into or out of cold storage, the nursing
home is to ensure that the dead body:� 1) is placed in a secure, closed
container or is otherwise isolated from public view; and 2) is moved in a
manner, and using equipment, that protects the health and wellbeing of the
other patients or residents of the nursing home, and of nursing home staff, to
the greatest extent practicable.�

���� The bill also requires a
nursing home to maintain certain records in association with is storage and
transfer of dead bodies under the bill, and it authorizes the commissioner to:�
1) inspect permanent morgues and emergency morgue spaces; 2) investigate complaints
about the maltreatment or inappropriate storage of dead bodies by nursing
homes; 3) order nursing homes to cease and desist unlawful activities and
undertake corrective actions; and 4) seek injunctive relief and recover civil
monetary penalties in association with any violation of the commissioner�s
orders.� Any nursing home that fails to comply with an order of the
commissioner will be liable to a civil penalty of not more than $1,000 for a
first offense and not more than $5,000 for a second or subsequent offense, to
be collected in a summary proceeding.