New York Senate Bill S02319 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2319 2025-2026 Regular Sessions  IN SENATE January 16, 2025 ___________ 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; 22 (C) the process of screening of employees for symptoms of illness, 23 including fever or other signs of infection; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05978-01-5 
 S. 2319 2 1 (D) the steps that the agency will take to protect its employees and 2 clients if any employee is found to be sick or symptomatic. 3 (b) If the department determines that an infection control plan or 4 periodic report submitted by a provider is inaccurate or incomplete, the 5 department shall notify the provider in writing and advise the provider 6 of the correction or additional information that the provider must 7 submit. The provider must submit the corrected or additional information 8 within thirty calendar days from the date the provider receives the 9 notice. 10 (c) The department shall grant a provider an additional thirty calen- 11 dar days to submit its original, corrected or additional infection 12 control plan or periodic report when the provider, prior to the date the 13 plan or report is due, submits a written request to the department for 14 an extension and establishes to the department's satisfaction that the 15 provider cannot submit the report by the date due for reasons beyond the 16 provider's control. 17 (d) All infection control plans and periodic reports shall be certi- 18 fied by the owner, administrator, chief executive officer, or public 19 official responsible for the operation of the provider. The personal 20 protective equipment report form shall include a certification form, 21 which shall specify who must certify the report. 22 § 2. This act shall take effect on the sixtieth day after it shall 23 have become a law. Effective immediately, the addition, amendment and/or 24 repeal of any rule or regulation necessary for the implementation of 25 this act on its effective date are authorized to be made and completed 26 on or before such effective date.