Bill Text: NY A05971 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires OPWDD to purchase and provide essential personal protection equipment to all direct support professionals, care recipients and group home providers in the event of a declaration of a state emergency that relates to public health.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - referred to ways and means [A05971 Detail]

Download: New_York-2023-A05971-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5971

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 24, 2023
                                       ___________

        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on People with Disabilities

        AN ACT to amend the mental hygiene law, in  relation  to  requiring  the
          office  for  people  with  developmental  disabilities to purchase and
          provide essential personal protection equipment to all direct  support
          professionals,  care  recipients and group home providers in the event
          of a declaration of a state emergency that relates to public health

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

     1    Section  1.  Section  13.07  of  the  mental hygiene law is amended by
     2  adding a new subdivision (f) to read as follows:
     3    (f) (1) In the event of a  state  declaration  of  disaster  emergency
     4  pursuant  to  section twenty-eight of the executive law which relates to
     5  public health, the office shall:
     6    (i) purchase and provide personal protective equipment  (PPE)  to  all
     7  direct  support  professionals, care recipients and group home providers
     8  in the state, including centers operated by the office;
     9    (ii) consider clinical best practices for PPE as it relates to current
    10  or state projected public health considerations that may  result  in  an
    11  increased need for PPE;
    12    (iii)  provide PPE pursuant to this section within thirty days of such
    13  state  declaration  to  accommodate  an  immediate  need  for  increased
    14  supplies of PPE;
    15    (iv)  purchase  and  distribute  PPE to protect direct support profes-
    16  sionals, care recipients and group home facility  personnel,  consistent
    17  with   guidance  from  the  federal  centers  for  disease  control  and
    18  prevention, for at least sixty days at a daily rate of  usage  equal  to
    19  the  average  daily rate that PPE was used between April nineteenth, two
    20  thousand twenty and April twenty-seventh, two thousand twenty; and
    21    (v) replace and replenish PPE as needed to prevent extended use  which
    22  would result in damaged PPE.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04908-01-3
        A. 5971                             2

     1    (2) For purposes of this subdivision, "damaged PPE" shall mean:
     2    (i) a mask that has become soiled or difficult to breathe through as a
     3  result of overuse;
     4    (ii) a gown that has become visibly soiled; or
     5    (iii)  eye protection such as goggles or face shields that have become
     6  visibly soiled.
     7    § 2. This act shall take effect immediately.