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S00129 Summary:

Amd 3612, Pub Health L
Directs 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.
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S00129 Actions:

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S00129 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                     January 6, 2021
        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:
     1    Section 1. Section 3612 of the public health law is amended by  adding
     2  a new subdivision 9 to read as follows:
     3    9.  (a)  The  commissioner  shall require each health home or licensed
     4  home care services agency to submit an initial  infection  control  plan
     5  and  periodic  reports detailing measures taken by the agency to protect
     6  its employees and clients from infection. The department may specify the
     7  frequency and format of such plans and reports, determine the  type  and
     8  amount  of  information  to  be submitted, and require the submission of
     9  supporting documentation, provided, however, that the  department  shall
    10  provide  no  less  than ninety calendar days' notice before such reports
    11  are due.  Such plan and reports shall be  subject  to  approval  by  the
    12  department, and shall include, but not be limited to, a description of:
    13    (i)  the  types  of  personal protection equipment (PPE) issued to the
    14  agency's employees and clients;
    15    (ii) how frequently such PPE is issued;
    16    (iii) how such PPE is delivered to the agency's employees and  clients
    17  in a way that minimizes contact between the employee and client; and
    18    (iv)  the steps the agency is taking to ensure its employees are heal-
    19  thy including, but not limited to a description of:
    20    (A) the process of initial testing of all employees;
    21    (B) the process for testing of employees on a regular basis;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 129                              2
     1    (C) the process of screening of employees  for  symptoms  of  illness,
     2  including fever or other signs of infection; and
     3    (D)  the  steps that the agency will take to protect its employees and
     4  clients if any employee is found to be sick or symptomatic.
     5    (b) If the department determines that an  infection  control  plan  or
     6  periodic report submitted by a provider is inaccurate or incomplete, the
     7  department  shall notify the provider in writing and advise the provider
     8  of the correction or  additional  information  that  the  provider  must
     9  submit. The provider must submit the corrected or additional information
    10  within  thirty  calendar  days  from  the date the provider receives the
    11  notice.
    12    (c) The department shall grant a provider an additional thirty  calen-
    13  dar  days  to submit   its  original,  corrected or additional infection
    14  control plan or periodic report when the provider, prior to the date the
    15  plan or report is due, submits a written request to the  department  for
    16  an  extension  and establishes to the department's satisfaction that the
    17  provider cannot submit the report by the date due for reasons beyond the
    18  provider's control.
    19    (d) All infection control plans and periodic reports shall  be  certi-
    20  fied  by  the  owner,  administrator, chief executive officer, or public
    21  official responsible for the operation of the provider.    The  personal
    22  protective  equipment  report  form  shall include a certification form,
    23  which shall specify who must certify the report.
    24    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    25  have become a law. Effective immediately, the addition, amendment and/or
    26  repeal  of  any  rule  or regulation necessary for the implementation of
    27  this act on its effective date are authorized to be made  and  completed
    28  on or before such effective date.
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