Assembly Bill A6469

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6469
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced by M. of A. SEPTIMO, JACOBSON, STIRPE, STECK -- 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 15 to read as follows:
   15.  (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 HEALTHCARE PROTEC-
 TIVE TEXTILES (HPT) 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  SATISFACTION,
 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 HPT AT MARKET RATES WOULD FACILITATE PRICE
 GOUGING BY HPT 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) "HEALTHCARE PROTECTIVE TEXTILES" SHALL MEAN ALL TYPES OF  BARRIER
 GARMENTS, INCONTINENCE PADS AND BARRIER CURTAINS; AND
   (III)  "OPERATING THRESHOLD" SHALL MEAN A CONSTANTLY ROTATING STOCK OF
 HPT 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.
                                                            LBD06988-02-5
              

 A. 6469                             2
 
 HYGIENICALLY  CLEAN  CERTIFIED  FACILITY,  AND  RETURNED TO A HEALTHCARE
 FACILITY FOR USE.
   (C) FAILURE TO POSSESS AND MAINTAIN SUCH A SUPPLY OF HPT 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.