NY State Senate Bill 2023-S8169

Senate Bill S8169

2023-2024 Legislative Session

Requires healthcare facilities to maintain a fifty percent operating threshold of certain reusable healthcare protective textiles in their inventory

download bill text pdf

Current Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2024	referred to health

2023-S8169 (ACTIVE) - Details

See Assembly Version of this Bill:: A6995
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L

2023-S8169 (ACTIVE) - Summary

Requires healthcare facilities to maintain a fifty percent operating threshold of certain reusable healthcare protective textiles in their inventory unless a reprieve is provided for supply chain issues; provides a fine may be assessed for failure to comply, as determined by the commissioner.

2023-S8169 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8169

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires healthcare facilities to maintain a 50% operating threshold of
reusable protective textiles in their inventory.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill adds a subdivision 14 to section 2803 of the
public health law to ensure all subsequently defined healthcare facili-
ties ( hospitals, skilled nursing facilities, outpatient care centers,
long-term care facilities, physical therapy centers, comprehensive
outpatient rehabilitation facilities, end-stage renal disease facili-
ties, hospice, physician's offices, non-physician provider's offices,

and laboratories) maintain an operating threshold of at least 50 percent
of all reusable personal protective equipment (PPE) as provided by a
certified hygienically clean laundry.

Section two of this bill sets the effective date.

 
JUSTIFICATION:

The COV1D-19 Pandemic highlighted the hazards of relying on far-away
supply chains to meet the needs of healthcare systems, risking dangerous
shortages. These shortages were driven by a sudden increase in consump-
tion, compounded by factory closures and other disruption along the
global supply chain. Essential workers and the public rely on the ready
availability of safe PPE in our systems at all times.  Given the likeli-
hood of future supply chain disruptions, and the inevitability of
continued impacts, of climate change, it is imperative systems develop
systems better equipped to withstand shortage.

Currently, reports indicate the U.S. market currently uses disposable
healthcare textiles (HCT) in more than 901 of uses in which reusable
HCTs would be an equivalent or superior substitute. The emergence of
COVID-19 led many to study alternatives to the current reliance on
disposable HCT, and recent results continue to show that where possible,
properly used and cleaned reusable PPE does not reduce efficacy to
levels that increase risk of pathogen exposure. Reusable textiles proc-
essed by Hygienically Clean certified laundries can form a safer and
more sustainable supply chain than often foreign-sourced disposable
HCTs.

During the pandemic many healthcare facilities addressed shortages by
supplementing disposables. with greater percentages of reusable
textiles. Research and recent practice show that a switch to higher
proportions of reusable textiles is efficient, effective, and safe.
Standardizing practices will help build up greater supply chain
sustain-ability, in turn protecting healthcare systems from risk of
future PPE shortages, saving money, and reducing waste.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become law.

2023-S8169 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8169
 
                             I N  S E N A T E
 
                             January 10, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 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
   (III) "OPERATING THRESHOLD" SHALL MEAN A CONSTANTLY ROTATING STOCK  OF
 PPE  TEXTILES BEING USED, RETURNED TO A LAUNDRY FACILITY, PROCESSED BY A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11130-01-3

 S. 8169                             2
 
 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.

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