S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8399
 
                             I N  S E N A T E
 
                               May 21, 2020
                                ___________
 
 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:
 
   Section 1. Section 3612 of the public health law is amended by  adding
 a new subdivision 9 to read as follows:
   9.  (A)  THE  COMMISSIONER  SHALL REQUIRE EACH HEALTH HOME OR LICENSED
 HOME CARE SERVICES AGENCY TO SUBMIT AN INITIAL  INFECTION  CONTROL  PLAN
 AND  PERIODIC  REPORTS DETAILING MEASURES TAKEN BY THE AGENCY TO PROTECT
 ITS EMPLOYEES AND CLIENTS FROM INFECTION. THE DEPARTMENT MAY SPECIFY THE
 FREQUENCY AND FORMAT OF SUCH PLANS AND REPORTS, DETERMINE THE  TYPE  AND
 AMOUNT  OF  INFORMATION  TO  BE SUBMITTED, AND REQUIRE THE SUBMISSION OF
 SUPPORTING DOCUMENTATION, PROVIDED, HOWEVER, THAT THE  DEPARTMENT  SHALL
 PROVIDE  NO  LESS  THAN NINETY CALENDAR DAYS' NOTICE BEFORE SUCH REPORTS
 ARE DUE.  SUCH PLAN AND REPORTS SHALL BE  SUBJECT  TO  APPROVAL  BY  THE
 DEPARTMENT, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, A DESCRIPTION OF:
   (I)  THE  TYPES  OF  PERSONAL PROTECTION EQUIPMENT (PPE) ISSUED TO THE
 AGENCY'S EMPLOYEES AND CLIENTS;
   (II) HOW FREQUENTLY SUCH PPE IS ISSUED;
   (III) HOW SUCH PPE IS DELIVERED TO THE AGENCY'S EMPLOYEES AND  CLIENTS
 IN A WAY THAT MINIMIZES CONTACT BETWEEN THE EMPLOYEE AND CLIENT; AND
   (IV)  THE STEPS THE AGENCY IS TAKING TO ENSURE ITS EMPLOYEES ARE HEAL-
 THY INCLUDING, BUT NOT LIMITED TO A DESCRIPTION OF:
   (A) THE PROCESS OF INITIAL TESTING OF ALL EMPLOYEES;
   (B) THE PROCESS FOR TESTING OF EMPLOYEES ON A REGULAR BASIS;
   (C) THE PROCESS OF SCREENING OF EMPLOYEES  FOR  SYMPTOMS  OF  ILLNESS,
 INCLUDING FEVER OR OTHER SIGNS OF INFECTION; AND
   (D)  THE  STEPS THAT THE AGENCY WILL TAKE TO PROTECT ITS EMPLOYEES AND
 CLIENTS IF ANY EMPLOYEE IS FOUND TO BE SICK OR SYMPTOMATIC.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16439-01-0

 S. 8399                             2
 
   (B) IF THE DEPARTMENT DETERMINES THAT AN  INFECTION  CONTROL  PLAN  OR
 PERIODIC REPORT SUBMITTED BY A PROVIDER IS INACCURATE OR INCOMPLETE, THE
 DEPARTMENT  SHALL NOTIFY THE PROVIDER IN WRITING AND ADVISE THE PROVIDER
 OF THE CORRECTION OR  ADDITIONAL  INFORMATION  THAT  THE  PROVIDER  MUST
 SUBMIT. THE PROVIDER MUST SUBMIT THE CORRECTED OR ADDITIONAL INFORMATION
 WITHIN  THIRTY  CALENDAR  DAYS  FROM  THE DATE THE PROVIDER RECEIVES THE
 NOTICE.
   (C) THE DEPARTMENT SHALL GRANT A PROVIDER AN ADDITIONAL THIRTY  CALEN-
 DAR  DAYS  TO SUBMIT   ITS  ORIGINAL,  CORRECTED OR ADDITIONAL INFECTION
 CONTROL PLAN OR PERIODIC REPORT WHEN THE PROVIDER, PRIOR TO THE DATE THE
 PLAN OR REPORT IS DUE, SUBMITS A WRITTEN REQUEST TO THE  DEPARTMENT  FOR
 AN  EXTENSION  AND ESTABLISHES TO THE DEPARTMENT'S SATISFACTION THAT THE
 PROVIDER CANNOT SUBMIT THE REPORT BY THE DATE DUE FOR REASONS BEYOND THE
 PROVIDER'S CONTROL.
   (D) ALL INFECTION CONTROL PLANS AND PERIODIC REPORTS SHALL  BE  CERTI-
 FIED  BY  THE  OWNER,  ADMINISTRATOR, CHIEF EXECUTIVE OFFICER, OR PUBLIC
 OFFICIAL RESPONSIBLE FOR THE OPERATION OF THE PROVIDER.    THE  PERSONAL
 PROTECTIVE  EQUIPMENT  REPORT  FORM  SHALL INCLUDE A CERTIFICATION FORM,
 WHICH SHALL SPECIFY WHO MUST CERTIFY THE REPORT.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.