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

                                  2181

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced by Sens. GOLDEN, DeFRANCISCO -- read twice and ordered print-
  ed, 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.
                                                           LBD04222-01-1
              

S. 2181                             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, paragraph  (a)
as  amended  by  chapter  319  of the laws of 2010, 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 provisions to allow  for  accessory
senior citizen units in areas zoned for single family residences and for
mixed-use  development accommodating senior citizen residential housing;
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 IV
      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

S. 2181                             3

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
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-

S. 2181                             4

ATE  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; 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.