Senate Bill S2319

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2319
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05978-01-5
              

 S. 2319                             2
 
   (D)  THE  STEPS THAT THE AGENCY WILL TAKE TO PROTECT ITS EMPLOYEES AND
 CLIENTS IF ANY EMPLOYEE IS FOUND TO BE SICK OR SYMPTOMATIC.
   (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.