S T A T E O F N E W Y O R K
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6747
2025-2026 Regular Sessions
I N S E N A T E
March 21, 2025
___________
Introduced by Sen. WEBB -- 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 enacting the
"safer health care facility construction act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "safer health care facility construction act".
§ 2. Legislative findings and intent. The legislature finds that
adopting infection control risk assessment (ICRA) standards for environ-
mental infection control in health care facilities is a long-standing
recommendation of the Centers for Disease Control and Prevention (CDC).
The legislature further finds that the CDC is the leading national
organization in being a science-based, data driven, service organization
that is charged with protecting the public health. Leading health care
organizations such as the Cleveland Clinic, the Mayo Clinic, and Mass
General Hospital have all embraced the adoption of ICRA standards in
their health care facilities. Many of New York's leading health care
facilities have also worked to implement ICRA standards including
Buffalo General, the University of Rochester, Albany Medical Center,
Saint Peter's, United Health Services, and Westchester Medical Center.
Leading health care facilities both in New York state and around the
nation have adopted ICRA standards to confront the danger of health care
associated infections. On any given day, the CDC estimates that one in
thirty-one hospital patients has a health care associated infection.
These infections have direct medical costs of at least twenty-eight
billion dollars annually. They also account for an additional twelve
billion dollars in costs to society from early deaths and lost produc-
tivity. The legislature has recognized the need for enhanced patient and
worker safety having passed legislation to enact safe staffing levels in
hospitals and nursing homes. Additionally, the legislature also passed
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06845-01-5
S. 6747 2
the New York health and essential rights (NY HERO) act to protect New
Yorkers from airborne infectious diseases. Therefore, the legislature
finds and declares that it should be the policy of the state of New York
to require all new construction, renovation, remediation, repair, and
demolition projects in health care facilities regulated by the state
department of health to use ICRA standards to save lives by reducing
health care associated infections and to protect patients, visitors, and
workers.
§ 3. The public health law is amended by adding a new section 2832 to
read as follows:
§ 2832. INFECTION CONTROL RISK ASSESSMENT. 1. (A) NOTWITHSTANDING ANY
OTHER LAW OR RULE TO THE CONTRARY, THE COMMISSIONER SHALL PROMULGATE
RULES AND REGULATIONS, WHICH SHALL BE KNOWN AS THE "INFECTION CONTROL
RISK ASSESSMENT" OR "ICRA" STANDARDS, TO REDUCE THE RISK FROM INFECTION
IN ALL HEALTH CARE FACILITIES, INCLUDING HOSPITALS, NURSING HOMES, AND
RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE OF THIS ARTICLE, LICENSED PURSUANT TO THIS ARTICLE. THE
STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO, MINIMUM STANDARDS FOR
THE DESIGN, CONSTRUCTION, RENOVATION, MAINTENANCE, AND INSPECTION OF NEW
AND EXISTING HEALTH CARE FACILITIES AND MINIMUM TRAINING STANDARDS FOR
PERSONS PERFORMING CONSTRUCTION WORK ON HEALTH CARE FACILITIES. THE
COMMISSIONER IS AUTHORIZED TO ADOPT BY REFERENCE, WITH OR WITHOUT AMEND-
MENT, ANY CODE OR STANDARD ISSUED BY A NATIONALLY RECOGNIZED ORGANIZA-
TION UPON A FINDING THAT ADOPTION OF THE CODE OR STANDARD WOULD PROMOTE
THE PURPOSES OF ICRA STANDARDS.
(B) ALL CONSTRUCTION WORK PERFORMED ON A NEW HEALTH CARE FACILITY AND
ON THE EXPANSION OF AN EXISTING HEALTH CARE FACILITY SHALL BE COMPLIANT
WITH ICRA STANDARDS. THE LICENSURE APPLICATION FOR A NEWLY CONSTRUCTED
OR AN EXPANDED HEALTH CARE FACILITY SHALL INCLUDE A COPY OF A CERTIF-
ICATE ISSUED BY THE MUNICIPALITY IN WHICH THE FACILITY HAS BEEN
CONSTRUCTED INDICATING THAT THE FACILITY IS COMPLIANT WITH ICRA STAND-
ARDS.
(C) A PERSON SHALL NOT PERFORM CONSTRUCTION WORK ON A HEALTH CARE
FACILITY UNLESS SUCH PERSON IS CERTIFIED BY THE COMMISSIONER AS PROVIDED
IN SUBDIVISION TWO OF THIS SECTION.
(D) ICRA STANDARDS SHALL BE DEEMED TO FULFILL THE REQUIREMENTS OF 10
NYCRR 405.11 RELATED TO INFECTION CONTROL.
2. (A) THE COMMISSIONER SHALL ESTABLISH A CERTIFICATION PROGRAM TO
ASSURE THE COMPETENCY OF PERSONS TO PERFORM CONSTRUCTION WORK ON A
HEALTH CARE FACILITY IN COMPLIANCE WITH ICRA STANDARDS.
(B) THE COMMISSIONER SHALL CERTIFY A PERSON WHO SATISFACTORILY
COMPLETES THE CERTIFICATION TRAINING COURSE AND MEETS ANY OTHER REQUIRE-
MENTS FOR CERTIFICATION THAT MAY BE ESTABLISHED BY THE COMMISSIONER.
(C) A CERTIFICATION SHALL BE VALID FOR A PERIOD NOT TO EXCEED FOUR
YEARS AND SHALL BE NON-TRANSFERABLE. IT SHALL BE CARRIED UPON THE PERSON
WHILE PERFORMING CONSTRUCTION WORK ON A HEALTH CARE FACILITY.
(D) A PERSON MAY APPLY FOR RECERTIFICATION DURING THE NINETY DAY PERI-
OD BEFORE THE CERTIFICATION EXPIRATION DATE OR THE NINETY DAY PERIOD
AFTER THE CERTIFICATION EXPIRATION DATE; EXCEPT THAT A PERSON WHO
APPLIES AFTER THE CERTIFICATION EXPIRATION DATE SHALL NOT PERFORM ANY
SERVICES FOR WHICH CERTIFICATION IS REQUIRED UNTIL THE CERTIFICATION IS
RENEWED. IF A CERTIFICATION HAS EXPIRED FOR MORE THAN NINETY DAYS, THE
PERSON SHALL BE REQUIRED TO OBTAIN A NEW CERTIFICATION.
3. IN ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW, THE COMMISSIONER
MAY IMPOSE A CIVIL PENALTY PER VIOLATION FOR NON-COMPLIANCE RELATED TO
SUBDIVISIONS ONE AND TWO OF THIS SECTION IN ACCORDANCE WITH THE UNITED
S. 6747 3
STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
PENALTIES, RECOVERABLE IN AN ACTION BY THE STATE ATTORNEY GENERAL.
§ 4. This act shall take effect one year 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.