Bill Text: NY S00756 | 2023-2024 | General Assembly | Introduced

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Bill Title: Directs the commissioner of health to require each licensed home care service agency to submit an infection control plan and periodic reports detailing measures taken to protect clients from infection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S00756 Detail]

Download: New_York-2023-S00756-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           756

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law,  in  relation  to  directing  the
          commissioner  of  health  to  require  each licensed home care service
          agency to submit  an  infection  control  plan  and  periodic  reports
          detailing measures taken to protect clients from infection

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

     1    Section 1. Section 3612 of the public health law is amended by  adding
     2  a new subdivision 9 to read as follows:
     3    9.  (a)  The  commissioner  shall require each health home or licensed
     4  home care services agency to submit an initial  infection  control  plan
     5  and  periodic  reports detailing measures taken by the agency to protect
     6  its employees and clients from infection. The department may specify the
     7  frequency and format of such plans and reports, determine the  type  and
     8  amount  of  information  to  be submitted, and require the submission of
     9  supporting documentation, provided, however, that the  department  shall
    10  provide  no  less  than ninety calendar days' notice before such reports
    11  are due.  Such plan and reports shall be  subject  to  approval  by  the
    12  department, and shall include, but not be limited to, a description of:
    13    (i)  the  types  of  personal protection equipment (PPE) issued to the
    14  agency's employees and clients;
    15    (ii) how frequently such PPE is issued;
    16    (iii) how such PPE is delivered to the agency's employees and  clients
    17  in a way that minimizes contact between the employee and client; and
    18    (iv)  the steps the agency is taking to ensure its employees are heal-
    19  thy including, but not limited to a description of:
    20    (A) the process of initial testing of all employees;
    21    (B) the process for testing of employees on a regular basis;
    22    (C) the process of screening of employees  for  symptoms  of  illness,
    23  including fever or other signs of infection; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02206-01-3
        S. 756                              2

     1    (D)  the  steps that the agency will take to protect its employees and
     2  clients if any employee is found to be sick or symptomatic.
     3    (b)  If  the  department  determines that an infection control plan or
     4  periodic report submitted by a provider is inaccurate or incomplete, the
     5  department shall notify the provider in writing and advise the  provider
     6  of  the  correction  or  additional  information  that the provider must
     7  submit. The provider must submit the corrected or additional information
     8  within thirty calendar days from the  date  the  provider  receives  the
     9  notice.
    10    (c)  The department shall grant a provider an additional thirty calen-
    11  dar days to submit  its  original,   corrected or  additional  infection
    12  control plan or periodic report when the provider, prior to the date the
    13  plan  or  report is due, submits a written request to the department for
    14  an extension and establishes to the department's satisfaction  that  the
    15  provider cannot submit the report by the date due for reasons beyond the
    16  provider's control.
    17    (d)  All  infection control plans and periodic reports shall be certi-
    18  fied by the owner, administrator, chief  executive  officer,  or  public
    19  official  responsible  for  the operation of the provider.  The personal
    20  protective equipment report form shall  include  a  certification  form,
    21  which shall specify who must certify the report.
    22    §  2.  This  act  shall take effect on the sixtieth day after it shall
    23  have become a law. Effective immediately, the addition, amendment and/or
    24  repeal of any rule or regulation necessary  for  the  implementation  of
    25  this  act  on its effective date are authorized to be made and completed
    26  on or before such effective date.