Bill Text: NY A02431 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to including diagnosis of asthma or other respiratory diseases for which rescue inhaler treatment is prescribed in the statewide immunization information system.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2021-01-19 - referred to health [A02431 Detail]

Download: New_York-2021-A02431-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2431

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced by M. of A. REYES, LUPARDO, BARRON, DAVILA, SIMON, SEAWRIGHT,
          O'DONNELL,  DARLING  --  read  once  and  referred to the Committee on
          Health

        AN ACT to amend the public health law, in relation to including  diagno-
          sis  of  asthma or other respiratory diseases for which rescue inhaler
          treatment is prescribed  in  the  statewide  immunization  information
          system

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

     1    Section 1. Paragraphs (a) and (c) of subdivision  1,  paragraphs  (b),
     2  (c) and (d) of subdivision 2, paragraph (a) of subdivision 3, paragraphs
     3  (b), (c) and (d) of subdivision 8, and subdivisions 10 and 11 of section
     4  2168  of the public health law, paragraphs (a) and (c) of subdivision 1,
     5  paragraphs (b), (c) and (d) of subdivision 2, paragraph (b) of  subdivi-
     6  sion  8  and subdivision 10 as amended by section 7 of part A of chapter
     7  58 of the laws of 2009, paragraph (a) of subdivision  3  as  amended  by
     8  section  2-a of part DD of chapter 57 of the laws of 2018, paragraph (c)
     9  of subdivision 8 as amended by chapter 420 of the laws  of  2014,  para-
    10  graph  (d)  of  subdivision  8  as amended by chapter 154 of the laws of
    11  2013, subparagraph (i) of paragraph (d) of subdivision 8 as  amended  by
    12  section  7 of part MM of chapter 57 of the laws of 2018, and subdivision
    13  11 as amended by chapter 154 of the laws of 2013, are amended to read as
    14  follows:
    15    (a) collect reports of immunizations and thus reduce the incidence  of
    16  illness, disability and death due to vaccine preventable diseases [and],
    17  collect  results  of  blood  lead analyses performed by physician office
    18  laboratories to provide to the statewide  registry  of  lead  levels  of
    19  children  established  pursuant to section thirteen hundred seventy-a of
    20  this chapter and collect reports of asthma or other respiratory  disease
    21  diagnosis  for  which rescue inhaler treatment is prescribed by a health
    22  care provider licensed under title eight of the education law;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00125-01-1

        A. 2431                             2

     1    (c) make available to an individual, or parents, guardians,  or  other
     2  person in a custodial relation to a child or, to local health districts,
     3  local  social services districts responsible for the care and custody of
     4  children, health  care  providers  and  their  designees,  schools,  WIC
     5  programs, and third party payers the immunization status of children and
     6  any diagnosis of asthma or other respiratory disease diagnosis for which
     7  a rescue inhaler treatment is prescribed; and
     8    (b)  The  term "statewide immunization information system" or "system"
     9  shall mean a statewide-computerized database maintained by  the  depart-
    10  ment  capable  of collecting, storing, and disclosing the electronic and
    11  paper records of vaccinations received, blood lead analysis, and  rescue
    12  inhaler treatment prescriptions by persons under nineteen years of age.
    13    (c) The term "citywide immunization registry" shall mean the computer-
    14  ized  database  maintained  by the city of New York department of health
    15  and mental hygiene capable of collecting, storing,  and  disclosing  the
    16  electronic and paper records of vaccinations received and rescue inhaler
    17  treatment  prescriptions by persons less than nineteen years of age. The
    18  term "citywide immunization registry" shall not  include  the  childhood
    19  blood  lead registry established pursuant to the health code of the city
    20  of New York. For the purposes of this section the  term  New  York  city
    21  department  of  health and mental hygiene, shall mean such agency or any
    22  successor agency responsible for the citywide immunization registry.
    23    (d) The term "health care provider" shall mean any  person  authorized
    24  by  law  to  order  an immunization [or], analysis of a blood sample for
    25  lead or diagnose asthma or other respiratory disease for which a  rescue
    26  inhaler  treatment  is  prescribed  or any health care facility licensed
    27  under article twenty-eight of this chapter or any certified home  health
    28  agency established under section thirty-six hundred six of this chapter;
    29  with respect to a person seeking or receiving a health care service from
    30  the health care provider.
    31    (a)  (i)  Any  health  care  provider who administers any vaccine to a
    32  person less than nineteen years of age or, on or after September  first,
    33  two  thousand  nine, conducts a blood lead analysis of a sample obtained
    34  from a person under eighteen years of age in accordance  with  paragraph
    35  (h) of subdivision two of this section or on or after January first, two
    36  thousand  twenty-three  prescribes  or  renews a prescription for rescue
    37  inhaler treatment; and immunizations received  by  a  person  less  than
    38  nineteen  years of age in the past if not already reported, shall report
    39  all such immunizations [and], the results of any  blood  lead  analysis,
    40  and any prescription for rescue inhaler treatment to the department in a
    41  format  prescribed  by the commissioner within fourteen days of adminis-
    42  tration of such immunizations or of obtaining the results  of  any  such
    43  blood lead analysis or prescribing such rescue inhaler treatment. Health
    44  care providers administering immunizations to persons less than nineteen
    45  years  of  age  in  the  city  of  New  York  shall  report, in a format
    46  prescribed by the city of New York commissioner  of  health  and  mental
    47  hygiene,  all  such immunizations to the citywide immunization registry.
    48  Health care providers who conduct a blood lead analysis on or  prescribe
    49  a  rescue inhaler treatment for a person under eighteen years of age and
    50  who report the results of such analysis or prescription to the  city  of
    51  New  York commissioner of health and mental hygiene pursuant to New York
    52  city reporting requirements shall be exempt from  this  requirement  for
    53  reporting blood lead analysis results and prescription for rescue inhal-
    54  er  treatment  to  the  state commissioner of health; provided, however,
    55  blood lead analysis data collected from physician office laboratories by
    56  the commissioner of health and mental hygiene of the city  of  New  York

        A. 2431                             3

     1  pursuant to the health code of the city of New York shall be provided to
     2  the department in a format prescribed by the commissioner.
     3    (ii)  A  pharmacist  who administers a vaccine pursuant to subdivision
     4  two of section sixty-eight hundred one of the education law, to a person
     5  less than nineteen years of age, shall report all such immunizations  to
     6  the  department  in a format prescribed by the commissioner within four-
     7  teen days of administration of such immunizations. Pharmacists  adminis-
     8  tering  immunizations pursuant to subdivision two of section sixty-eight
     9  hundred one of the education law to persons less than nineteen years  of
    10  age  in the city of New York shall report, in a format prescribed by the
    11  city of New York commissioner of health and  mental  hygiene,  all  such
    12  immunizations to the citywide immunization registry.
    13    (b)  (i)  The commissioner may use the statewide immunization informa-
    14  tion system and the blood lead analysis  and  rescue  inhaler  treatment
    15  prescription information in such system for purposes of outreach, quali-
    16  ty improvement and accountability, research, epidemiological studies and
    17  disease  control,  and  to obtain blood lead test results from physician
    18  office laboratories for the statewide registry of lead levels  of  chil-
    19  dren established pursuant to subdivision two of section thirteen hundred
    20  seventy-a  of  this  chapter; (ii) the commissioner of health and mental
    21  hygiene for the city of New York may use the immunization  registry  and
    22  the blood lead analysis and rescue inhaler treatment prescription infor-
    23  mation  in such system for purposes of outreach, quality improvement and
    24  accountability, research, epidemiological studies and  disease  control;
    25  (iii)  local  health  departments  shall have access to the immunization
    26  information system and the blood lead analysis and rescue inhaler treat-
    27  ment prescription information in such system for purposes  of  outreach,
    28  quality  improvement  and  accountability,  epidemiological  studies and
    29  disease control within their county; and
    30    (c) health care providers and their designees, registered professional
    31  nurses, and pharmacists authorized to administer immunizations  pursuant
    32  to  subdivision  two of section sixty-eight hundred one of the education
    33  law shall have access to the statewide immunization  information  system
    34  and  the  blood  lead analysis and rescue inhaler treatment prescription
    35  information in such system only for purposes of submission  of  informa-
    36  tion about vaccinations received by a specific registrant, determination
    37  of  the  immunization  status of a specific registrant, determination of
    38  the blood lead testing status of a specific  registrant,  submission  of
    39  the  results  from  a  blood  lead  analysis of a sample obtained from a
    40  specific registrant in accordance with paragraph (h) of subdivision  two
    41  of  this  section,  determination  of  the  asthma  or other respiratory
    42  disease diagnosis of a specific registrant,  submission  of  information
    43  about  prescriptions  for  rescue  inhaler  treatment review of practice
    44  coverage,  generation  of  reminder  notices,  quality  improvement  and
    45  accountability and printing a copy of the immunization [or] record, lead
    46  testing  record  or rescue inhaler treatment prescription for the regis-
    47  trant's medical record, for the  registrant's  parent  or  guardian,  or
    48  other  person  in  parental  or  custodial relation to a child, or for a
    49  registrant upon reaching eighteen years of age.
    50    (d) The following authorized users shall have access to the  statewide
    51  immunization  information  system  and the blood lead and rescue inhaler
    52  treatment prescription information  in  such  system  and  the  citywide
    53  immunization  registry  for  the  purposes stated in this paragraph: (i)
    54  schools for the purpose of verifying immunization status for eligibility
    55  for admission, for the purpose of knowing a student  or  child  care  or
    56  preschool  child  has  been  diagnosed  with asthma or other respiratory

        A. 2431                             4

     1  disease for which rescue  inhaler  treatment  was  prescribed,  for  the
     2  purpose  of confirming a student has been screened for lead when enroll-
     3  ing in child care, pre-school or kindergarten, and for the provision  of
     4  appropriate  educational  materials developed by the department pursuant
     5  to section thirteen hundred seventy-a of this chapter on the dangers  of
     6  lead  exposure, and the health risks associated with elevated blood lead
     7  levels to the parents or legal guardians of the student with an elevated
     8  blood lead level, as such term is defined in subdivision six of  section
     9  thirteen  hundred  seventy  of  this  chapter, as well as information on
    10  programs that may be available to the student and the parents  or  legal
    11  guardians  of  the  student;  (ii)  colleges  for verifying immunization
    12  status for eligibility for admission; (iii) professional  and  technical
    13  schools for verifying immunization status for eligibility for admission;
    14  (iv)  children's  overnight  camps  and  summer  day camps for verifying
    15  immunization status of children attending camp and for  the  purpose  of
    16  knowing  a  student  has been diagnosed with asthma or other respiratory
    17  disease for which rescue inhaler treatment  was  prescribed;  (v)  third
    18  party   payer  for  performing  quality  assurance,  accountability  and
    19  outreach, relating to enrollees covered by the third party  payer;  (vi)
    20  commissioners  of local social services districts with regard to a child
    21  in his/her legal custody; (vii) the commissioner of the office of  chil-
    22  dren and family services with regard to children in their legal custody,
    23  and  for  quality assurance and accountability of commissioners of local
    24  social services districts, care and treatment of children in the custody
    25  of commissioners of local social  services  districts;  and  (viii)  WIC
    26  programs  for  the  purposes  of verifying immunization and lead testing
    27  status for those seeking or receiving services.
    28    10. The person to whom any immunization record relates, or his or  her
    29  parent,  or  guardian, or other person in parental or custodial relation
    30  to such person may request a copy of an immunization [or]  record,  lead
    31  testing  record or rescue inhaler treatment prescription from the regis-
    32  trant's healthcare  provider,  the  statewide  immunization  information
    33  system  or  the  citywide  immunization registry according to procedures
    34  established by the commissioner or, in the case of the citywide  immuni-
    35  zation  registry, by the city of New York commissioner of the department
    36  of health and mental hygiene.
    37    11. The commissioner, or in the city of New York, the commissioner  of
    38  the  department  of  health  and  mental hygiene, may provide registrant
    39  specific immunization [and] records, lead test records and rescue inhal-
    40  er treatment prescriptions to other state or city registries and  regis-
    41  tries  maintained by the Indian Health Service and tribal nations recog-
    42  nized by the state or the United States pursuant to a written  agreement
    43  requiring  that  the  other  registry  conform to national standards for
    44  maintaining the integrity of the data and will not be used for  purposes
    45  inconsistent with the provisions of this section.
    46    § 2. This act shall take effect immediately.
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