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.
STATE OF NEW YORK
________________________________________________________________________
129
2021-2022 Regular Sessions
IN SENATE(Prefiled)
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.
LBD03362-01-1
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.
