Bill Text: NY A11129 | 2019-2020 | General Assembly | Introduced
Bill Title: Directs the commissioner of health to mandate a COVID-19 vaccine for residential health care facilities and to prioritize the distribution of such vaccines to such facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-11-06 - referred to health [A11129 Detail]
Download: New_York-2019-A11129-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11129 IN ASSEMBLY November 6, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried) -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to directing the commissioner of health to mandate a COVID-19 vaccine for residential health care facilities and to prioritize the distribution of such vaccines to such facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2192 of the public health law, as added by chapter 2 580 of the laws of 1999, is amended to read as follows: 3 § 2192. Long-term care resident and employee immunization required. 4 Except as provided in section twenty-one hundred ninety-five of this 5 article, every long-term care facility in this state shall require resi- 6 dents and employees to be immunized for influenza virus, COVID-19 and 7 pneumococcal disease in accordance with regulations of the commissioner. 8 § 2. Section 2803 of the public health law is amended by adding a new 9 subdivision 13 to read as follows: 10 13. The commissioner shall develop a plan to prioritize the distrib- 11 ution of vaccinations for COVID-19 to vulnerable populations residing in 12 and employees of residential health care facilities. 13 § 3. Subdivisions 2 and 3 of section 2191 of the public health law, as 14 added by chapter 580 of the laws of 1999, are amended to read as 15 follows: 16 2. "Documentation" means written evidence from an individual's health 17 care provider indicating the date and place when the individual received 18 the influenza vaccine, COVID-19 vaccine or the pneumococcal vaccine. 19 3. "Medically contraindicated" means influenza, COVID-19 or pneumococ- 20 cal vaccine should not be administered to an individual because it may 21 be detrimental to the individual's health if the individual receives the 22 vaccine. 23 § 4. Section 2193 of the public health law, as added by chapter 580 of 24 the laws of 1999, is amended to read as follows: 25 § 2193. Resident immunization. 1. Upon admission, a long-term care 26 facility shall notify the resident of the immunization requirements of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17351-01-0A. 11129 2 1 this article and request that the resident agree to be immunized against 2 influenza virus, COVID-19 and pneumococcal disease. 3 2. Every long-term care facility shall document the annual immuniza- 4 tion against influenza virus, immunization against COVID-19 and immuni- 5 zation against pneumococcal disease for each resident. Upon finding that 6 a resident is lacking such immunization or the long-term care facility 7 or individual is unable to provide documentation that the individual has 8 received the appropriate immunization, the long-term care facility shall 9 provide or arrange for immunization. Immunization and the documentation 10 thereof shall take place no later than November thirtieth of each year. 11 3. An individual who becomes a resident after November thirtieth but 12 before April first shall have his or her status for influenza, COVID-19 13 and pneumococcal immunization determined by the facility, and if found 14 to be deficient, the facility shall provide or arrange for the necessary 15 immunization. 16 § 5. Section 2194 of the public health law, as added by chapter 580 of 17 the laws of 1999, is amended to read as follows: 18 § 2194. Employee immunization. 1. Every long-term care facility shall 19 notify every employee of the immunization requirements of this article 20 and request that the employee agree to be immunized against influenza 21 virus, COVID-19 and pneumococcal disease. 22 2. The long-term care facility shall require documentation of annual 23 immunization against influenza virus, immunization against COVID-19 and 24 immunization against pneumococcal disease for each employee. Upon find- 25 ing that an employee is lacking such immunization or the long-term care 26 facility or individual is unable to provide documentation that the indi- 27 vidual has received the appropriate immunization, the long-term care 28 facility must provide or arrange for immunization. Immunization and the 29 documentation thereof shall take place no later than November thirtieth 30 of each year. 31 3. An individual who is newly employed as an employee after November 32 thirtieth but before April first shall have his or her status for influ- 33 enza, COVID-19 and pneumococcal immunization determined by the facility, 34 and if found to be deficient, the facility shall provide or arrange for 35 the necessary immunization. 36 § 6. Section 2195 of the public health law, as added by chapter 580 of 37 the laws of 1999, is amended to read as follows: 38 § 2195. Exceptions. No individual shall be required to receive either 39 an influenza vaccine, COVID-19 vaccine or pneumococcal vaccine if the 40 vaccine is medically contraindicated, or if it is against his or her 41 religious beliefs, or if he or she refuses the vaccine after being fully 42 informed of the health risks of such action. 43 § 7. Section 2196 of the public health law, as added by chapter 580 of 44 the laws of 1999, is amended to read as follows: 45 § 2196. Rules and regulations; report. 1. The commissioner shall 46 promulgate regulations relating to the immunization requirements of this 47 article, taking into consideration the recommendations of the centers 48 for disease control and prevention. 49 2. The commissioner is hereby directed to make available educational 50 and informational materials to all long-term care facilities with 51 respect to vaccination against influenza virus, COVID-19 and pneumococ- 52 cal disease. 53 3. The commissioner shall report three years from the effective date 54 of this article to the governor, the temporary president of the senate, 55 the speaker of the assembly, the minority leader of the senate and the 56 minority leader of the assembly on the number of outbreaks in long-termA. 11129 3 1 care facilities each year due to influenza virus, COVID-19 and pneumo- 2 coccal disease and number of hospitalizations of long-term care facility 3 residents each year due to influenza virus, COVID-19, pneumococcal 4 disease and complications thereof. 5 § 8. This act shall take effect immediately.