NY State Senate Bill 2009-S2189

Senate Bill S2189

2009-2010 Legislative Session

Establishes a coordinated statewide policy, investigation, and reporting requirements with respect to infections, including certain staphylococcus infections

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 22, 2010	reported and committed to finance
Jan 06, 2010	referred to aging
Feb 13, 2009	referred to aging

Votes

- Feb 22, 2010 - Aging Committee Vote
  S2189
  
  10
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: Feb 22, 2010
      
      aye (10)
      
      Addabbo Jr.
      
      Diaz
      
      Flanagan
      
      Golden
      
      Kruger
      
      LaValle
      
      Oppenheimer
      
      Savino
      
      Serrano
      
      Stavisky
      
      nay (1)
      
      Ranzenhofer
      
      aye wr (1)
      
      Farley

2009-S2189 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Elder Law
Laws Affected:: Amd §202, add Art 4 §401, Eld L; amd §201, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: S2181

2009-S2189 (ACTIVE) - Summary

Establishes a coordinated statewide policy, investigation, and reporting requirements with respect to infections, including certain staphylococcus infections.

2009-S2189 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2189

 TITLE OF BILL :

An act to amend the elder law and the public health law, in relation
to establishing a coordinated statewide policy, investigation and
reporting requirements with respect to infections, including certain
staphylococcus infections


 SUMMARY OF PROVISIONS :

Section 1. Legislative Intent.

Section 2. Amends the elder by adding a new subdivision 14 to section
202 to require that the office of aging in cooperation and after
consultation with the department of health, establish regulations
concerning the use and implementation of best practices for the
prevention, prohibition, reporting, and treatment of staphylococcus
and other infections by services and programs by or under the
jurisdiction of the office, and that SOFA also promote public
awareness concerning the threat to the aging from such infections,
support studies, research and education relating to this threat, and
act as or aid in the development of a clearinghouse for information
relating to the needs of the aging.

Section 3. Adds a new Article 4 to the elder law to create the
Interagency Task Force for research, services, screening, and
education related to staphylococcus and other infections.

1. Its purpose is to establish a coordinated plan and policy
concerning staphylococcus infections and other infections.

2. Membership on the Task Force includes the director of SOFA, the
commissioner of health, and the commissioner of education.

The plan is to include: establishment of best practice standards;
coordinated research; public education and intervention, and a report
and recommendations to the Governor and the Legislature annually on or
before March 1.

3. There is also a 21 member Advisory Committee, appointed by the
members of the Task Force consisting of representatives from each
sector of health care facilities and providers, schools and other
institutions which provide services and programs by or under the
jurisdiction of the members of the Task Force. The advisory committee
is to review and comment on policy proposals and plans advanced by the
Task Force.

4. The department of health is to serve as the focal point to develop
comprehensive coordinated responses of the various state agencies with
regard to staphylococcus and other infections and thus help to assure
timely and appropriate responses to issues and problems.

5. Members of the Task Force shall require immediate notification
through signage or other appropriate notification within an affected
facility, notification of school personnel and parents of children in
an affected school or schools, or of personnel in an affected facility
serving the elderly, when where there is an occurrence of methicillin
resistant staphylococcus aureus (MRSA) or vancomycin resistant
enterococcus (VRE).

Section 4. Adds a new subdivision 2-b to section 201 of the public
health law to require the department of health to serve as the focal
point to develop comprehensive coordinated responses of various state
agencies with regard to staphylococcus and other infections and thus
help to assure timely and appropriate responses to issues and
problems. In such capacity, the department shall:

(a) require standardized reporting of such infections by source;

(b) establish guidelines, definitions, criteria, standards and coding
for identification, tracking and reporting of such infections;

(c) add when the commissioner shall determine that it is feasible to
do so, to the statewide database required to be established pursuant
to section 2819 of this chapter of reported hospital acquired
infection information, information concerning reported and collected
pursuant to this subdivision and section 303 of the elder law.

 JUSTIFICATION :

This bill provides for a coordinated response to staphylococcus and
other infections by the several state agencies that should be involved
- aging, health, and education - to set standardized policy for
dealing with serious infections that afflict the public and our most
vulnerable population, children and the elderly.

 PRIOR LEGISLATIVE HISTORY :

2008: S.6980 - Referred to Aging, Committed to Rules

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S2189 (ACTIVE) - Bill Text download pdf

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

                                  2189

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

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

AN ACT to amend the elder law and the public health law, in relation  to
  establishing a coordinated statewide policy, investigation and report-
  ing requirements with respect to infections, including certain staphy-
  lococcus infections

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

  Section 1.  Legislative  Intent.  The  legislature  hereby  finds  and
declares  that  Staphylococcus  Aureus, or "staph" infections, including
MRSA  or  methicillin-resistant  staph  aureus  infections,  occur  most
frequently  in  hospital and health-care facilities, but that there have
been increased recent reports of community-associated MRSA infections.
  The legislature further finds that the danger  that  staph  and  other
infections  will  become life-threatening is greater among the young and
the old and those undergoing health procedures, and  declares  that  the
goal  of  the state should be to not only reduce or eliminate the number
of infections including MRSA in health-care facilities but to reduce  or
eliminate health-care setting and community setting infections altogeth-
er.
  The legislature finds since 2004, there have been 50 reported MRSA-re-
lated outbreaks in hospitals in this state, and that nationally, serious
MRSA  infections  occur in approximately 94,000 persons annually and are
associated  with  approximately  19,000  deaths,  and  that   of   these
infections,  about  86% are healthcare-associated and 14% are community-
associated.
  The legislature further finds that in New York hospitals, according to
a state health department pilot program, about five percent of  central-
line  associated  bloodstream  infections in critical care unit patients
involve MRSA, while 95 percent of  infections  involve  other  bacterial
infections,  and  that  the  data  shows that MRSA is the fourth-leading

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07651-01-9

S. 2189                             2

cause associated with coronary bypass graft  surgical  site  infections,
and  that  approximately ten percent of these infections were associated
with MRSA; and that 11% of colon procedures were associated with MRSA.
  The  legislature  further  finds  and  declares that danger from these
infections is worsening, as  increasingly  these  infections  cannot  be
cured  with  commonly  used  antibiotics,  evidenced by the fact that in
1974, only 2% of staph infections were drug-resistant, while today  over
60% are drug resistant or MRSA.
  The  legislature  hereby  declares  that  infections  are  becoming an
increasing danger in  health  care,  educational,  and  other  settings,
programs,  and  facilities  in this state, and declares that by enacting
this act, it intends to require the creation  of  an  interagency  state
plan to increase research, services, screening, and education concerning
these infections in health care and community settings.
  S  2.  Subdivision  14  of  section  202 of the elder law, as added by
section 24-d of part B of chapter 58 of the laws of 2007, is amended and
a new subdivision 15 is added to read as follows:
  14. to, in cooperation with the department of state:
  (a) prepare or cause to be prepared  and  made  available  to  cities,
towns  and  villages  model  zoning  and planning guidelines that foster
age-integrated communities including mixed-use  age-integrated  communi-
ties; and
  (b) make recommendations, in consultation with the division of housing
and  community  renewal,  to  the governor and legislature for assisting
mixed-use age-integrated housing  development  or  redevelopment  demon-
stration  projects in urban, suburban and rural areas of the state.  The
director of the office for the aging and secretary of state shall estab-
lish an advisory  committee  for  purposes  of  this  subdivision.  Such
committee  shall  include, but not be limited to, top representatives of
local  government,  senior  citizen  organizations,  developers,  senior
service providers and planners[.]; AND
  15.  TO,  IN COOPERATION AND AFTER CONSULTATION WITH THE DEPARTMENT OF
HEALTH, ESTABLISH REGULATIONS CONCERNING THE USE AND  IMPLEMENTATION  OF
BEST PRACTICES FOR THE PREVENTION, PROHIBITION, REPORTING, AND TREATMENT
OF  STAPHYLOCOCCUS  AND  OTHER INFECTIONS BY SERVICES AND PROGRAMS BY OR
UNDER THE JURISDICTION OF THE  OFFICE.  THE  OFFICE  SHALL  ADDITIONALLY
PROMOTE  PUBLIC  AWARENESS  CONCERNING THE THREAT TO THE AGING FROM SUCH
INFECTIONS, SHALL FOSTER AND SUPPORT  STUDIES,  RESEARCH  AND  EDUCATION
RELATING TO THIS THREAT, AND SHALL ACT AS OR AID IN THE DEVELOPMENT OF A
CLEARINGHOUSE  FOR  INFORMATION  RELATING TO THE NEEDS OF THE AGING WITH
RESPECT TO SUCH. THE OFFICE MAY ENTER  INTO  CONTRACTS,  WITHIN  AMOUNTS
AVAILABLE BY APPROPRIATION THEREFOR, WITH INDIVIDUALS, ORGANIZATIONS AND
INSTITUTIONS, IN FURTHERANCE OF THESE DUTIES.
  S  3.  The  elder  law is amended by adding a new article 4 to read as
follows:
                                 ARTICLE 4
      INTERAGENCY TASK FORCE FOR RESEARCH, SERVICES, SCREENING AND
        EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER INFECTIONS
SECTION 401. INTERAGENCY TASK FORCE FOR  RESEARCH,  SERVICES,  SCREENING
               AND   EDUCATION   RELATED  TO  STAPHYLOCOCCUS  AND  OTHER
               INFECTIONS.
  S 401. INTERAGENCY TASK FORCE FOR RESEARCH,  SERVICES,  SCREENING  AND
EDUCATION  RELATED  TO  STAPHYLOCOCCUS AND OTHER INFECTIONS. 1. THERE IS
HEREBY CREATED THE NEW YORK STATE INTERAGENCY TASK  FORCE  ON  RESEARCH,
SERVICES,  SCREENING,  AND EDUCATION CONCERNING STAPHYLOCOCCUS AND OTHER
INFECTIONS, WHOSE PURPOSE SHALL BE TO ESTABLISH A COORDINATED  PLAN  AND

S. 2189                             3

POLICY  CONCERNING  STAPHYLOCOCCUS  INFECTIONS AND OTHER INFECTIONS. THE
INTERAGENCY TASK FORCE SHALL CONSIST OF THE DIRECTOR,  THE  COMMISSIONER
OF  THE  DEPARTMENT OF HEALTH, AND THE COMMISSIONER OF THE DEPARTMENT OF
EDUCATION.  FOR PURPOSES OF THIS SECTION, THE INTERAGENCY TASK FORCE FOR
RESEARCH, SERVICES, SCREENING AND EDUCATION  RELATED  TO  STAPHYLOCOCCUS
AND OTHER INFECTIONS SHALL BE REFERRED TO AS THE "TASK FORCE." IN DEVEL-
OPING  AND  IMPLEMENTING  ITS PLAN, THE TASK FORCE SHALL HAVE AS PRIMARY
ACTIVITIES THE FOLLOWING:
  A. AFTER CONSULTATION WITH THE ADVISORY COUNCIL, THE TASK FORCE  SHALL
ESTABLISH BEST PRACTICES STANDARDS FOR INFECTION CONTROL IN SERVICES AND
PROGRAMS BY OR UNDER THE JURISDICTION OF THE MEMBERS OF THE TASK FORCE.
  B.  THE  TASK  FORCE  SHALL  UTILIZE DATA AND INFORMATION COMPILED AND
MAINTAINED PURSUANT TO LAW TO COORDINATE STATE FUNDED  RESEARCH  EFFORTS
TO ENSURE THE MOST EFFICIENT USE OF FUNDS AVAILABLE FOR THIS PURPOSE.
  C.  THE  TASK FORCE SHALL ADDRESS POTENTIAL GAPS IN IDENTIFICATION AND
INTERVENTION, AND THE NEED FOR PUBLIC EDUCATION.
  D. THE TASK FORCE SHALL PROVIDE RECOMMENDATIONS TO  THE  GOVERNOR  AND
THE  LEGISLATURE CONCERNING THE COORDINATED PLAN AND POLICY, ANNUALLY ON
OR BEFORE MARCH FIRST.
  2. MEMBERS OF THE TASK FORCE SHALL APPOINT A TWENTY-ONE  MEMBER  ADVI-
SORY  COMMITTEE TO THE TASK FORCE, WHOSE MEMBERS SHALL CONSIST OF REPRE-
SENTATIVES FROM EACH SECTOR OF HEALTH  CARE  FACILITIES  AND  PROVIDERS,
SCHOOLS AND OTHER INSTITUTIONS WHICH PROVIDE SERVICES AND PROGRAMS BY OR
UNDER  THE JURISDICTION OF THE MEMBERS OF THE TASK FORCE. EACH MEMBER OF
THE TASK FORCE SHALL APPOINT SEVEN MEMBERS TO  THE  ADVISORY  COMMITTEE.
THE  PURPOSE OF THE ADVISORY COMMITTEE SHALL BE TO REVIEW AND COMMENT ON
POLICY PROPOSALS AND PLANS ADVANCED BY THE TASK FORCE.
  3. THE DEPARTMENT OF HEALTH SHALL SERVE AS THE FOCAL POINT TO  DEVELOP
COMPREHENSIVE  COORDINATED  RESPONSES OF THE VARIOUS STATE AGENCIES WITH
REGARD TO STAPHYLOCOCCUS AND OTHER INFECTIONS AND THUS  HELP  TO  ASSURE
TIMELY AND APPROPRIATE RESPONSES TO ISSUES AND PROBLEMS.
  4.  MEMBERS  OF  THE  TASK  FORCE SHALL REQUIRE IMMEDIATE NOTIFICATION
THROUGH SIGNAGE OR OTHER APPROPRIATE  NOTIFICATION  WITHIN  AN  AFFECTED
FACILITY, NOTIFICATION OF SCHOOL PERSONNEL AND PARENTS OF CHILDREN IN AN
AFFECTED  SCHOOL  OR  SCHOOLS,  OR  OF PERSONNEL IN AN AFFECTED FACILITY
SERVING THE ELDERLY, WHERE THERE IS AN OCCURRENCE OF METHICILLIN RESIST-
ANT STAPHYLOCOCCUS AUREUS (MRSA) OR  VANCOMYCIN  RESISTANT  ENTEROCOCCUS
(VRE)  IN  ANY  SUCH  SCHOOL  OR IN A FACILITY SERVING THE ELDERLY. TASK
FORCE MEMBERS SHALL PROVIDE FOR INTERAGENCY CONSISTENCY IN SUCH  NOTIFI-
CATION,  AND  MAY EXTEND THE REQUIREMENTS OF THIS SUBDIVISION CONCERNING
NOTIFICATION TO APPLY TO OTHER INFECTIONS AND OTHER  INSTITUTIONS  WHICH
PROVIDE  SERVICES  AND  PROGRAMS  BY  OR  UNDER  THE JURISDICTION OF THE
MEMBERS OF THE TASK FORCE.
  S 4. Section 201 of the public health law is amended by adding  a  new
subdivision 2-a to read as follows:
  2-A.  THE DEPARTMENT SHALL, IN ADDITION TO ITS DUTIES AND RESPONSIBIL-
ITIES PURSUANT TO SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS CHAPTER,
WORK AS A MEMBER OF THE INTERAGENCY TASK FORCE FOR  RESEARCH,  SERVICES,
SCREENING,  AND EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER INFECTIONS
ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED ONE OF THE ELDER  LAW,  AND
IN  SUCH  CAPACITY,  SERVE  AS  THE FOCAL POINT TO DEVELOP COMPREHENSIVE
COORDINATED RESPONSES OF VARIOUS STATE AGENCIES WITH REGARD TO STAPHYLO-
COCCUS AND OTHER INFECTIONS AND THUS HELP TO ASSURE TIMELY AND APPROPRI-
ATE RESPONSES TO ISSUES AND PROBLEMS. IN SUCH CAPACITY,  THE  DEPARTMENT
SHALL:
  (A) REQUIRE STANDARDIZED REPORTING OF SUCH INFECTIONS BY SOURCE;

S. 2189                             4

  (B)  ESTABLISH GUIDELINES, DEFINITIONS, CRITERIA, STANDARDS AND CODING
FOR IDENTIFICATION, TRACKING AND REPORTING OF SUCH INFECTIONS; AND
  (C)  ADD  WHEN THE COMMISSIONER SHALL DETERMINE THAT IT IS FEASIBLE TO
DO SO, TO THE STATE-WIDE DATABASE REQUIRED TO BE ESTABLISHED PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS CHAPTER OF REPORTED HOSPI-
TAL ACQUIRED INFECTION INFORMATION, INFORMATION REPORTED  AND  COLLECTED
PURSUANT  TO  THIS SUBDIVISION AND SECTION FOUR HUNDRED ONE OF THE ELDER
LAW.
  INDIVIDUAL PATIENT IDENTIFYING INFORMATION REPORTED TO THE  DEPARTMENT
UNDER  THIS SUBDIVISION SHALL BE SUBJECT TO PARAGRAPH (J) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED SIX OF THIS  TITLE.  REGULATIONS  UNDER  THIS
SUBDIVISION  SHALL INCLUDE STANDARDS TO ASSURE THE PROTECTION OF PATIENT
PRIVACY IN DATA COLLECTED AND RELEASED UNDER THIS SUBDIVISION AND STAND-
ARDS FOR THE PUBLICATION AND RELEASE OF DATA REPORTED UNDER THIS  SUBDI-
VISION.
  S  5. Nothing contained in this act shall prohibit the commissioner of
health, the director of the state office for the aging  or  the  commis-
sioner of education from promulgating emergency regulations to carry out
their  respective  duties pursuant to the provisions and requirements of
this act.
  S 6. This act shall take effect immediately.

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