S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6995
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. SEPTIMO, STIRPE -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring  health-
   care  facilities  to  maintain  a fifty percent operating threshold of
   certain reusable healthcare protective textiles in their inventory

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2803 of the public health law is amended by adding
 a new subdivision 14 to read as follows:
   14. (A) THE COMMISSIONER SHALL ENSURE THAT ALL  HEALTHCARE  FACILITIES
 AS  DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION POSSESS AND MAINTAIN AN
 OPERATING THRESHOLD OF AT LEAST FIFTY PERCENT OF ALL  REUSABLE  PERSONAL
 PROTECTIVE  EQUIPMENT  (PPE) AS PROVIDED BY A HYGIENICALLY CLEAN LAUNDRY
 SERVICE PROVIDER; PROVIDED, HOWEVER, THAT UPON REQUEST,  THE  DEPARTMENT
 MAY GRANT AN EXTENSION OR REPRIEVE, AT ITS SOLE AND EXCLUSIVE DISCRETION
 IF THE HEALTHCARE FACILITY DEMONSTRATES, TO THE COMMISSIONER'S SATISFAC-
 TION, THAT SUCH HEALTHCARE FACILITY'S INABILITY TO MEET SUCH REQUIREMENT
 IS SOLELY ATTRIBUTABLE TO SUPPLY CHAIN ISSUES THAT ARE BEYOND THE HOSPI-
 TAL'S  CONTROL AND PURCHASING PPE AT MARKET RATES WOULD FACILITATE PRICE
 GOUGING BY PPE VENDORS.
   (B) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I) "HEALTHCARE FACILITY" SHALL MEAN HOSPITALS, SKILLED NURSING FACIL-
 ITIES,  OUTPATIENT  CARE  CENTERS,  LONG-TERM  CARE FACILITIES, PHYSICAL
 THERAPY CENTERS,  COMPREHENSIVE  OUTPATIENT  REHABILITATION  FACILITIES,
 END-STAGE  RENAL  DISEASE FACILITIES, HOSPICE, PHYSICIAN'S OFFICES, NON-
 PHYSICIAN PROVIDER'S OFFICES, AND LABORATORIES;
   (II) "PERSONAL PROTECTIVE EQUIPMENT (PPE)" SHALL MEAN  ANY  PROTECTIVE
 TEXTILE WHICH IS AVAILABLE IN REUSABLE FORMAT, WHERE DEEMED FEASIBLE AND
 ACCEPTABLE,  CONSISTENT  WITH  FEDERAL CENTERS FOR DISEASE CONTROL GUID-
 ANCE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11130-01-3
              

 A. 6995                             2
 
   (III) "OPERATING THRESHOLD" SHALL MEAN A CONSTANTLY ROTATING STOCK  OF
 PPE  TEXTILES BEING USED, RETURNED TO A LAUNDRY FACILITY, PROCESSED BY A
 HYGIENICALLY CLEAN CERTIFIED FACILITY,  AND  RETURNED  TO  A  HEALTHCARE
 FACILITY FOR USE.
   (C) FAILURE TO POSSESS AND MAINTAIN SUCH A SUPPLY OF PPE MAY RESULT IN
 A  FINE  TO  BE DETERMINED BY THE DEPARTMENT; PROVIDED, HOWEVER, THAT NO
 SUCH REVOCATION OR SUSPENSION SHALL BE ORDERED UNLESS THE DEPARTMENT HAS
 PROVIDED THE HEALTHCARE FACILITY WITH  A  THIRTY-DAY  GRACE  PERIOD,  TO
 ACHIEVE COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDI-
 VISION.
   §  2. This act shall take effect one year after it shall have become a
 law.