Requires hospitals and residential health care facilities to have a three-month supply of personal protective equipment in stock on the premises; requires the department of health to conduct an annual audit of the availability of such personal protective equipment in hospitals and residential health care facilities.
S T A T E O F N E W Y O R K
________________________________________________________________________
5708
2025-2026 Regular Sessions
I N A S S E M B L Y
February 20, 2025
___________
Introduced by M. of A. GIGLIO -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to requiring hospi-
tals and residential health care facilities to have a three-month
supply of personal protective equipment in stock on the premises and
requiring the department of health to conduct an annual audit of the
availability of such personal protective equipment in hospitals and
residential health care facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause (B) of subparagraph (ii) of paragraph (a) of subdi-
vision 12 of section 2803 of the public health law, as added by chapter
114 of the laws of 2020, is amended to read as follows:
(B) a plan for such residential health care facility to maintain or
contract to have at least a [two-month] THREE-MONTH supply of personal
protective equipment; and
§ 2. The public health law is amended by adding a new section 2801-i
to read as follows:
§ 2801-I. PERSONAL PROTECTIVE EQUIPMENT. 1. EVERY HOSPITAL AND RESI-
DENTIAL HEALTH CARE FACILITY SHALL HAVE AT LEAST A THREE-MONTH SUPPLY OF
PERSONAL PROTECTIVE EQUIPMENT IN STOCK ON THE PREMISES.
2. THE DEPARTMENT SHALL CONDUCT AN ANNUAL AUDIT TO ENSURE COMPLIANCE
WITH THIS SECTION AND TO MAINTAIN AN ACCURATE ACCOUNTING OF PERSONAL
PROTECTIVE EQUIPMENT INVENTORY AVAILABLE THROUGHOUT THE STATE. IN THE
EVENT OF AN EMERGENCY WHERE A HOSPITAL OR RESIDENTIAL HEALTH CARE FACIL-
ITY DOES NOT HAVE AN ADEQUATE SUPPLY OF PERSONAL PROTECTIVE EQUIPMENT,
THE DEPARTMENT MAY DIRECT A HOSPITAL OR RESIDENTIAL HEALTH CARE FACILITY
TO PROVIDE PERSONAL PROTECTIVE EQUIPMENT TO ANOTHER HOSPITAL OR RESIDEN-
TIAL HEALTH CARE FACILITY IN THE STATE; PROVIDED, HOWEVER, THAT THE
DEPARTMENT SHALL REIMBURSE THE HOSPITAL OR RESIDENTIAL HEALTH CARE
FACILITY FOR ANY PERSONAL PROTECTIVE EQUIPMENT PROVIDED TO ANOTHER
HOSPITAL OR RESIDENTIAL HEALTH CARE FACILITY AND SHALL REPLENISH SUCH
ITEMS.
§ 3. This act shall take effect immediately.
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