NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9886
SPONSOR: Peoples-Stokes TITLE OF BILL:
An act to amend the public health law, in relation to increasing eligi-
bility of admitted persons in general hospitals for immunizations
against influenza virus
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to help stop the spread of the influenza
virus by lowering the age requirement for hospitals in New York to offer
patients the influenza vaccine from 65 years old to down to 50 years old
to align State Law with current Centers for Disease & Control &
Prevention guidelines.
SUMMARY OF PROVISIONS:
Sections 1 would amend section 2805(h) of the public health law to lower
the age requirement for hospitals to offer inpatients the influenza
vaccine from 65 years old to 50 years old.
Section 2 provides for an effective date of 90 days after the bill has
been signed into law.
JUSTIFICATION:
Since 2006, New York state law requires hospitals to offer influenza
vaccine during influenza season to inpatients, age 65 and older, prior
to their discharge.
The Centers for Disease Control & Prevention now identifies individuals
aged 50 and older to be at increased risk for severe illness and compli-
cations from influenza. This is because as we age our immune systems
weaken and we are more likely to have underlying health conditions such
as diabetes, asthma, or cardiovascular disease. In fact, 60% of all
individuals aged 5064 live with one or more Chronic Health Conditions
while 75% of individuals aged 65 and older live with one or more Chronic
Health Conditions.
This legislation simply lowers the influenza offering from age 65 and
older down to age 50 and older and the inpatient may still accept or
decline the vaccine for any reason.
This change will help better-protect our vulnerable populations without
incurring any costs for the patients as Medicaid covers the influenza
vaccine for adults and the affordable care act mandates that commercial
payors must cover the full cost of vaccines having a recommendation from
CDC, like influenza.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect 90 days after becoming law.
STATE OF NEW YORK
________________________________________________________________________
9886
IN ASSEMBLY
April 26, 2024
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to increasing eligi-
bility of admitted persons in general hospitals for immunizations
against influenza virus
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 2805-h of the public health law,
2 as added by chapter 266 of the laws of 2006 and the subdivision heading
3 as amended by chapter 282 of the laws of 2009, is amended to read as
4 follows:
5 2. Immunizations against influenza for certain persons fifty or older
6 and immunizations against pneumococcal for certain persons sixty-five or
7 older. (a) Annually between September first and April first, it shall be
8 the duty of the administrative officer or other person in charge of each
9 general hospital to offer each admitted person age [sixty-five] fifty or
10 older vaccination against influenza virus. Such officer or person need
11 not offer the vaccination to persons who have already received such
12 vaccine or for whom it is otherwise inappropriate.
13 (b) It shall be the duty of the administrative officer or other person
14 in charge of each general hospital to offer vaccination against pneumo-
15 coccal disease to each admitted person age sixty-five or older in the
16 hospital's care. Such officer or person need not offer the vaccination
17 to people who have already received it, are not in need of a booster, or
18 for whom it is otherwise inappropriate.
19 (c) Each general hospital shall adopt an influenza and pneumococcal
20 immunization policy which shall include, but not be limited to, the
21 following: procedures for identifying persons age fifty or older for
22 influenza, sixty-five or older for pneumococcal disease and at the
23 discretion of the facility other individuals at risk; procedures for the
24 offering of immunization against influenza virus upon admission or
25 discharge to persons age fifty or older, between September first and
26 April first, and pneumococcal disease upon admission or discharge to
27 persons age sixty-five or older; procedures for ensuring that individ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15217-01-4
A. 9886 2
1 uals offered immunization or their guardian receive information regard-
2 ing the risks and benefits of vaccination; a standing order policy
3 approved by the medical director or other appropriate physician which
4 shall include, but not be limited to, an assessment for contra-indica-
5 tions; and a system for documenting vaccine administration, medical
6 contra-indications, patient refusals and any post-vaccination adverse
7 events.
8 (d) The commissioner may waive the requirements of this subdivision
9 due to a shortage of influenza and/or pneumococcal vaccine.
10 § 2. This act shall take effect on the ninetieth day after it shall
11 have become a law.
