S T A T E O F N E W Y O R K
________________________________________________________________________
886
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, FINCH -- Multi-Sponsored by -- M. of
A. BACALLES, THIELE, TOWNSEND -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to enacting the
"hospital infections disclosure act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "hospital infections disclosure act".
S 2. The public health law is amended by adding a new section 2805-t
to read as follows:
S 2805-T. INFECTION REPORTING. 1. FOR THE PURPOSES OF THIS SECTION,
"HOSPITAL-ACQUIRED INFECTION" SHALL MEAN ANY LOCALIZED OR SYSTEMIC
PATIENT CONDITION THAT:
(A) RESULTS FROM AN ADVERSE REACTION TO THE PRESENCE OF AN INFECTIOUS
AGENT OR AGENTS, OR ITS TOXIN OR TOXINS; AND
(B) WAS NOT PRESENT OR INCUBATING AT THE TIME OF THE PATIENT'S ADMIS-
SION TO THE HOSPITAL.
2. ALL HOSPITALS SHALL COLLECT AND MAINTAIN RECORDS OF DATA ON HOSPI-
TAL-ACQUIRED INFECTION RATES FOR SPECIFIC SURGICAL PROCEDURES AND/OR
SURVEILLANCE IN CRITICAL CARE AND/OR INTENSIVE CARE UNITS PERFORMED BY
THE HOSPITAL, AS DETERMINED BY THE COMMISSIONER, INCLUDING THE FOLLOWING
TYPES OF INFECTIONS:
(A) SURGICAL SITE INFECTIONS;
(B) VENTILATOR ASSOCIATED PNEUMONIA;
(C) CENTRAL LINE RELATED BLOODSTREAM INFECTIONS;
(D) URINARY TRACT CATHETER INFECTIONS; AND
(E) SUCH OTHER TYPES OF INFECTIONS AS SHALL BE DETERMINED BY THE
COMMISSIONER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01457-01-9
A. 886 2
3. EACH YEAR ON OR BEFORE APRIL THIRTIETH, JULY THIRTY-FIRST, OCTOBER
THIRTY-FIRST AND JANUARY THIRTY-FIRST, EACH HOSPITAL SHALL REPORT ALL
DATA COLLECTED ON HOSPITAL-ACQUIRED INFECTIONS IN SUCH HOSPITAL DURING
THE IMMEDIATELY PRECEDING QUARTER.
4. EACH YEAR ON OR BEFORE MARCH FIRST, THE DEPARTMENT SHALL SUBMIT A
REPORT TO THE GOVERNOR AND THE LEGISLATURE SUMMARIZING THE DATA INCLUDED
IN THE HOSPITAL QUARTERLY REPORTS FOR THE PREVIOUS CALENDAR YEAR. IN
ADDITION, SUCH REPORT SHALL BE AVAILABLE TO THE PUBLIC UPON REQUEST.
5. THE COMMISSIONER SHALL ESTABLISH AND APPOINT MEMBERS TO AN ADVISORY
COMMITTEE. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL INCLUDE REPRESEN-
TATION OF INFECTION CONTROL DEPARTMENTS OF BOTH PUBLIC AND PRIVATE
HOSPITALS, PHYSICIANS, EPIDEMIOLOGISTS WITH HOSPITAL ACQUIRED INFECTION
EXPERTISE, ACADEMIC RESEARCHERS, HEALTH INSURERS, HEALTH MAINTENANCE
ORGANIZATIONS, ORGANIZED LABOR, CONSUMER ORGANIZATIONS AND PURCHASERS OF
INSURANCE, SUCH AS EMPLOYERS. THE MAJORITY OF THE MEMBERS OF THE ADVI-
SORY COMMITTEE SHALL REPRESENT INTERESTS OTHER THAN HOSPITALS.
6. THE ADVISORY COMMITTEE SHALL WORK WITH THE COMMISSIONER AND THE
DEPARTMENT TO ESTABLISH THE STANDARDS, RULES AND REGULATIONS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS SECTION. IN ADDITION, AS DIRECTED BY
THE COMMISSIONER ON A REGULAR BASIS, THE DEPARTMENT AND THE ADVISORY
COMMITTEE SHALL EVALUATE THE DATA COLLECTED FROM HOSPITALS PURSUANT TO
THIS SECTION, AS WELL AS THE DATA COLLECTION, ANALYSIS AND DISSEMINATION
METHODOLOGIES.
7. WHILE IT SHALL BE IN THE DEPARTMENT'S DISCRETION TO ADOPT A METHOD-
OLOGY FOR THE COLLECTION AND ANALYSIS OF ALL INFECTION RATE DATA, IN
DEVELOPING SUCH METHODOLOGY THE DEPARTMENT AND THE ADVISORY COMMITTEE
SHALL CONSIDER THE EXISTING METHODOLOGIES AND SYSTEMS FOR DATA
COLLECTION INCLUDING, BUT NOT LIMITED TO, THE CENTER FOR DISEASE
CONTROL'S NATIONAL NOSOCOMIAL INFECTION SURVEILLANCE PROGRAM, OR ITS
SUCCESSOR. THE DATA COLLECTION AND ANALYSIS METHODOLOGY SHALL BE
DISCLOSED TO THE PUBLIC PRIOR TO ANY PUBLIC DISCLOSURE OF HOSPITAL-AC-
QUIRED INFECTION RATES.
S 3. 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; provided, further, that subdivisions 2, 3 and 4 of
section 2805-t of the public health law, as added by section two of this
act, shall take effect one year after the rules and regulations to
implement the provisions of such section of the public health law are
promulgated; provided, further, that the commissioner of health shall
notify the legislative bill drafting commission upon the promulgation of
the rules and regulations necessary to implement the provisions of
section 2805-t of the public health law, as added by section two of this
act, in order that such commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effecting the provisions of section 44 of the
legislative law and section 70-b of the public officers law.