Amd §§2192, 2803, 2191, 2193, 2194, 2195 & 2196, Pub Health L
Directs the commissioner of health to mandate a COVID-19 vaccine for residential health care facilities and to prioritize the distribution of such vaccines to such facilities.
STATE OF NEW YORK
________________________________________________________________________
11129
IN ASSEMBLY
November 6, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
-- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to directing the
commissioner of health to mandate a COVID-19 vaccine for residential
health care facilities and to prioritize the distribution of such
vaccines to such facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2192 of the public health law, as added by chapter
2 580 of the laws of 1999, is amended to read as follows:
3 § 2192. Long-term care resident and employee immunization required.
4 Except as provided in section twenty-one hundred ninety-five of this
5 article, every long-term care facility in this state shall require resi-
6 dents and employees to be immunized for influenza virus, COVID-19 and
7 pneumococcal disease in accordance with regulations of the commissioner.
8 § 2. Section 2803 of the public health law is amended by adding a new
9 subdivision 13 to read as follows:
10 13. The commissioner shall develop a plan to prioritize the distrib-
11 ution of vaccinations for COVID-19 to vulnerable populations residing in
12 and employees of residential health care facilities.
13 § 3. Subdivisions 2 and 3 of section 2191 of the public health law, as
14 added by chapter 580 of the laws of 1999, are amended to read as
15 follows:
16 2. "Documentation" means written evidence from an individual's health
17 care provider indicating the date and place when the individual received
18 the influenza vaccine, COVID-19 vaccine or the pneumococcal vaccine.
19 3. "Medically contraindicated" means influenza, COVID-19 or pneumococ-
20 cal vaccine should not be administered to an individual because it may
21 be detrimental to the individual's health if the individual receives the
22 vaccine.
23 § 4. Section 2193 of the public health law, as added by chapter 580 of
24 the laws of 1999, is amended to read as follows:
25 § 2193. Resident immunization. 1. Upon admission, a long-term care
26 facility shall notify the resident of the immunization requirements of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17351-01-0
A. 11129 2
1 this article and request that the resident agree to be immunized against
2 influenza virus, COVID-19 and pneumococcal disease.
3 2. Every long-term care facility shall document the annual immuniza-
4 tion against influenza virus, immunization against COVID-19 and immuni-
5 zation against pneumococcal disease for each resident. Upon finding that
6 a resident is lacking such immunization or the long-term care facility
7 or individual is unable to provide documentation that the individual has
8 received the appropriate immunization, the long-term care facility shall
9 provide or arrange for immunization. Immunization and the documentation
10 thereof shall take place no later than November thirtieth of each year.
11 3. An individual who becomes a resident after November thirtieth but
12 before April first shall have his or her status for influenza, COVID-19
13 and pneumococcal immunization determined by the facility, and if found
14 to be deficient, the facility shall provide or arrange for the necessary
15 immunization.
16 § 5. Section 2194 of the public health law, as added by chapter 580 of
17 the laws of 1999, is amended to read as follows:
18 § 2194. Employee immunization. 1. Every long-term care facility shall
19 notify every employee of the immunization requirements of this article
20 and request that the employee agree to be immunized against influenza
21 virus, COVID-19 and pneumococcal disease.
22 2. The long-term care facility shall require documentation of annual
23 immunization against influenza virus, immunization against COVID-19 and
24 immunization against pneumococcal disease for each employee. Upon find-
25 ing that an employee is lacking such immunization or the long-term care
26 facility or individual is unable to provide documentation that the indi-
27 vidual has received the appropriate immunization, the long-term care
28 facility must provide or arrange for immunization. Immunization and the
29 documentation thereof shall take place no later than November thirtieth
30 of each year.
31 3. An individual who is newly employed as an employee after November
32 thirtieth but before April first shall have his or her status for influ-
33 enza, COVID-19 and pneumococcal immunization determined by the facility,
34 and if found to be deficient, the facility shall provide or arrange for
35 the necessary immunization.
36 § 6. Section 2195 of the public health law, as added by chapter 580 of
37 the laws of 1999, is amended to read as follows:
38 § 2195. Exceptions. No individual shall be required to receive either
39 an influenza vaccine, COVID-19 vaccine or pneumococcal vaccine if the
40 vaccine is medically contraindicated, or if it is against his or her
41 religious beliefs, or if he or she refuses the vaccine after being fully
42 informed of the health risks of such action.
43 § 7. Section 2196 of the public health law, as added by chapter 580 of
44 the laws of 1999, is amended to read as follows:
45 § 2196. Rules and regulations; report. 1. The commissioner shall
46 promulgate regulations relating to the immunization requirements of this
47 article, taking into consideration the recommendations of the centers
48 for disease control and prevention.
49 2. The commissioner is hereby directed to make available educational
50 and informational materials to all long-term care facilities with
51 respect to vaccination against influenza virus, COVID-19 and pneumococ-
52 cal disease.
53 3. The commissioner shall report three years from the effective date
54 of this article to the governor, the temporary president of the senate,
55 the speaker of the assembly, the minority leader of the senate and the
56 minority leader of the assembly on the number of outbreaks in long-term
A. 11129 3
1 care facilities each year due to influenza virus, COVID-19 and pneumo-
2 coccal disease and number of hospitalizations of long-term care facility
3 residents each year due to influenza virus, COVID-19, pneumococcal
4 disease and complications thereof.
5 § 8. This act shall take effect immediately.
