S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3977

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M.  of  A.  MAYERSOHN  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to costs  related  to
  the care of a patient with a hospital acquired infection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2807 of the public health law is amended by  adding
a new subdivision 20 to read as follows:
  20.  (A)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO HEALTH
CARE COVERAGE PLAN, INCLUDING MEDICAID, SHALL PURCHASE, PAY FOR OR  MAKE
REIMBURSEMENT  FOR  TREATMENT AND/OR ANY OTHER COSTS RELATED TO THE CARE
OF A  PATIENT  INFLICTED  WITH  A  HOSPITAL  ACQUIRED  INFECTION  DEEMED
PREVENTABLE  BY  THE  COMMISSIONER  AND  THE PREVALENCE OF WHICH AT SAID
HOSPITAL IS EXCESSIVE OR OTHERWISE BEYOND NORMALLY ACCEPTABLE STANDARDS.
  (B) IN DETERMINING THE TYPE OR NATURE OF EXCESSIVE PREVENTABLE  HOSPI-
TAL ACQUIRED INFECTION, THE COMMISSIONER SHALL CONSULT WITH THE ADVISORY
COMMITTEE ON PREVENTABLE HOSPITAL INFECTIONS CREATED IN PARAGRAPH (C) OF
THIS  SUBDIVISION.  SUCH DETERMINATION SHALL BE BASED UPON THE FOLLOWING
FACTORS:
  (I) THE PREVENTABLE NATURE OF A PARTICULAR TYPE OF INFECTION;
  (II) THE REASONABLY ACCEPTABLE RATE AND EXPECTED LEVEL OF INFECTION AT
A PARTICULAR INSTITUTION BASED UPON THE NATURE OF  THE  INSTITUTION  AND
THE POPULATION IT SERVES;
  (III)  THE HISTORY AND EFFICACY OF INFECTIOUS DISEASE CONTROL, REPORT-
ING AND SCREENING EFFORTS AT SAID INSTITUTION;
  (IV) THE HISTORICAL COMPLIANCE RECORD OF THE INSTITUTION  IN  RELATION
TO HOSPITAL ACQUIRED INFECTION CONTROL, REPORTING AND SCREENING REQUIRE-
MENTS; AND
  (V) ANY OTHER FACTOR DEEMED RELEVANT BY THE COMMISSIONER.
  (C)  THERE  IS  HEREBY  CREATED  WITHIN  THE  DEPARTMENT, THE ADVISORY
COMMITTEE ON  PREVENTABLE  HOSPITAL  INFECTIONS.  SUCH  COMMITTEE  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04402-01-9
              

A. 3977                             2

CONSIST OF SEVENTEEN MEMBERS, WITH THE COMMISSIONER OR HIS OR HER DESIG-
NEE  ACTING  AS  CHAIRPERSON.  THE  MEMBERSHIP OF THE COMMITTEE SHALL BE
APPOINTED BY THE COMMISSIONER AND SHALL CONSIST OF AT LEAST  ONE  REPRE-
SENTATIVE OF EACH OF THE FOLLOWING GROUPS:
  (I) HOSPITAL INDUSTRY;
  (II) HEALTH INSURANCE INDUSTRY;
  (III) HEALTH CARE CONSUMER ORGANIZATIONS;
  (IV) HOSPITAL EMPLOYEE ORGANIZATIONS;
  (V)  INFECTIOUS  DISEASE CONTROL EXPERTS, AS DETERMINED BY THE COMMIS-
SIONER;
  (VI) THE SUPERINTENDENT OF INSURANCE OR HIS OR HER DESIGNEE;
  (VII) THE COMMISSIONER OR HIS OR HER DESIGNEE;
  (VIII) MEDICAL ORGANIZATIONS;
  (IX) NURSING HOME INDUSTRY; AND
  (X) NURSING ORGANIZATIONS.
  (D) NO HOSPITAL SHALL DENY ADMITTANCE OR  TREATMENT  TO  OR  REFER  TO
ANOTHER HOSPITAL FOR ADMITTANCE OR TREATMENT UNLESS MEDICALLY NECESSARY,
ANY  INDIVIDUAL INFLICTED WITH A HOSPITAL ACQUIRED INFECTION. ANY HOSPI-
TAL ADMITTING  OR  TREATING  AN  INDIVIDUAL  WITH  A  HOSPITAL  ACQUIRED
INFECTION,  SHALL  PROVIDE ALL SERVICES NECESSARY TO TREAT THE INFECTION
AND SHALL BEAR ALL COSTS RELATED TO SUCH TREATMENT.
  (E) THE COMMISSIONER SHALL PROMULGATE SUCH RULES  AND  REGULATIONS  AS
MAY BE NECESSARY AND PROPER TO CARRY OUT THE PROVISIONS OF THIS SUBDIVI-
SION  INCLUDING  PROTOCOLS  FOR  INFECTIOUS  DISEASE CONTROL, REPORTING,
SCREENING AND TREATMENT.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.