2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       May 6, 2021

        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee 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.

        A. 7359                             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.