S T A T E O F N E W Y O R K
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2189
2009-2010 Regular Sessions
I N S E N A T E
February 13, 2009
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
AN ACT to amend the elder law and the public health law, in relation to
establishing a coordinated statewide policy, investigation and report-
ing requirements with respect to infections, including certain staphy-
lococcus infections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative Intent. The legislature hereby finds and
declares that Staphylococcus Aureus, or "staph" infections, including
MRSA or methicillin-resistant staph aureus infections, occur most
frequently in hospital and health-care facilities, but that there have
been increased recent reports of community-associated MRSA infections.
The legislature further finds that the danger that staph and other
infections will become life-threatening is greater among the young and
the old and those undergoing health procedures, and declares that the
goal of the state should be to not only reduce or eliminate the number
of infections including MRSA in health-care facilities but to reduce or
eliminate health-care setting and community setting infections altogeth-
er.
The legislature finds since 2004, there have been 50 reported MRSA-re-
lated outbreaks in hospitals in this state, and that nationally, serious
MRSA infections occur in approximately 94,000 persons annually and are
associated with approximately 19,000 deaths, and that of these
infections, about 86% are healthcare-associated and 14% are community-
associated.
The legislature further finds that in New York hospitals, according to
a state health department pilot program, about five percent of central-
line associated bloodstream infections in critical care unit patients
involve MRSA, while 95 percent of infections involve other bacterial
infections, and that the data shows that MRSA is the fourth-leading
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07651-01-9
S. 2189 2
cause associated with coronary bypass graft surgical site infections,
and that approximately ten percent of these infections were associated
with MRSA; and that 11% of colon procedures were associated with MRSA.
The legislature further finds and declares that danger from these
infections is worsening, as increasingly these infections cannot be
cured with commonly used antibiotics, evidenced by the fact that in
1974, only 2% of staph infections were drug-resistant, while today over
60% are drug resistant or MRSA.
The legislature hereby declares that infections are becoming an
increasing danger in health care, educational, and other settings,
programs, and facilities in this state, and declares that by enacting
this act, it intends to require the creation of an interagency state
plan to increase research, services, screening, and education concerning
these infections in health care and community settings.
S 2. Subdivision 14 of section 202 of the elder law, as added by
section 24-d of part B of chapter 58 of the laws of 2007, is amended and
a new subdivision 15 is added to read as follows:
14. to, in cooperation with the department of state:
(a) prepare or cause to be prepared and made available to cities,
towns and villages model zoning and planning guidelines that foster
age-integrated communities including mixed-use age-integrated communi-
ties; and
(b) make recommendations, in consultation with the division of housing
and community renewal, to the governor and legislature for assisting
mixed-use age-integrated housing development or redevelopment demon-
stration projects in urban, suburban and rural areas of the state. The
director of the office for the aging and secretary of state shall estab-
lish an advisory committee for purposes of this subdivision. Such
committee shall include, but not be limited to, top representatives of
local government, senior citizen organizations, developers, senior
service providers and planners[.]; AND
15. TO, IN COOPERATION AND AFTER CONSULTATION WITH THE DEPARTMENT OF
HEALTH, ESTABLISH REGULATIONS CONCERNING THE USE AND IMPLEMENTATION OF
BEST PRACTICES FOR THE PREVENTION, PROHIBITION, REPORTING, AND TREATMENT
OF STAPHYLOCOCCUS AND OTHER INFECTIONS BY SERVICES AND PROGRAMS BY OR
UNDER THE JURISDICTION OF THE OFFICE. THE OFFICE SHALL ADDITIONALLY
PROMOTE PUBLIC AWARENESS CONCERNING THE THREAT TO THE AGING FROM SUCH
INFECTIONS, SHALL FOSTER AND SUPPORT STUDIES, RESEARCH AND EDUCATION
RELATING TO THIS THREAT, AND SHALL ACT AS OR AID IN THE DEVELOPMENT OF A
CLEARINGHOUSE FOR INFORMATION RELATING TO THE NEEDS OF THE AGING WITH
RESPECT TO SUCH. THE OFFICE MAY ENTER INTO CONTRACTS, WITHIN AMOUNTS
AVAILABLE BY APPROPRIATION THEREFOR, WITH INDIVIDUALS, ORGANIZATIONS AND
INSTITUTIONS, IN FURTHERANCE OF THESE DUTIES.
S 3. The elder law is amended by adding a new article 4 to read as
follows:
ARTICLE 4
INTERAGENCY TASK FORCE FOR RESEARCH, SERVICES, SCREENING AND
EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER INFECTIONS
SECTION 401. INTERAGENCY TASK FORCE FOR RESEARCH, SERVICES, SCREENING
AND EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER
INFECTIONS.
S 401. INTERAGENCY TASK FORCE FOR RESEARCH, SERVICES, SCREENING AND
EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER INFECTIONS. 1. THERE IS
HEREBY CREATED THE NEW YORK STATE INTERAGENCY TASK FORCE ON RESEARCH,
SERVICES, SCREENING, AND EDUCATION CONCERNING STAPHYLOCOCCUS AND OTHER
INFECTIONS, WHOSE PURPOSE SHALL BE TO ESTABLISH A COORDINATED PLAN AND
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POLICY CONCERNING STAPHYLOCOCCUS INFECTIONS AND OTHER INFECTIONS. THE
INTERAGENCY TASK FORCE SHALL CONSIST OF THE DIRECTOR, THE COMMISSIONER
OF THE DEPARTMENT OF HEALTH, AND THE COMMISSIONER OF THE DEPARTMENT OF
EDUCATION. FOR PURPOSES OF THIS SECTION, THE INTERAGENCY TASK FORCE FOR
RESEARCH, SERVICES, SCREENING AND EDUCATION RELATED TO STAPHYLOCOCCUS
AND OTHER INFECTIONS SHALL BE REFERRED TO AS THE "TASK FORCE." IN DEVEL-
OPING AND IMPLEMENTING ITS PLAN, THE TASK FORCE SHALL HAVE AS PRIMARY
ACTIVITIES THE FOLLOWING:
A. AFTER CONSULTATION WITH THE ADVISORY COUNCIL, THE TASK FORCE SHALL
ESTABLISH BEST PRACTICES STANDARDS FOR INFECTION CONTROL IN SERVICES AND
PROGRAMS BY OR UNDER THE JURISDICTION OF THE MEMBERS OF THE TASK FORCE.
B. THE TASK FORCE SHALL UTILIZE DATA AND INFORMATION COMPILED AND
MAINTAINED PURSUANT TO LAW TO COORDINATE STATE FUNDED RESEARCH EFFORTS
TO ENSURE THE MOST EFFICIENT USE OF FUNDS AVAILABLE FOR THIS PURPOSE.
C. THE TASK FORCE SHALL ADDRESS POTENTIAL GAPS IN IDENTIFICATION AND
INTERVENTION, AND THE NEED FOR PUBLIC EDUCATION.
D. THE TASK FORCE SHALL PROVIDE RECOMMENDATIONS TO THE GOVERNOR AND
THE LEGISLATURE CONCERNING THE COORDINATED PLAN AND POLICY, ANNUALLY ON
OR BEFORE MARCH FIRST.
2. MEMBERS OF THE TASK FORCE SHALL APPOINT A TWENTY-ONE MEMBER ADVI-
SORY COMMITTEE TO THE TASK FORCE, WHOSE MEMBERS SHALL CONSIST OF REPRE-
SENTATIVES FROM EACH SECTOR OF HEALTH CARE FACILITIES AND PROVIDERS,
SCHOOLS AND OTHER INSTITUTIONS WHICH PROVIDE SERVICES AND PROGRAMS BY OR
UNDER THE JURISDICTION OF THE MEMBERS OF THE TASK FORCE. EACH MEMBER OF
THE TASK FORCE SHALL APPOINT SEVEN MEMBERS TO THE ADVISORY COMMITTEE.
THE PURPOSE OF THE ADVISORY COMMITTEE SHALL BE TO REVIEW AND COMMENT ON
POLICY PROPOSALS AND PLANS ADVANCED BY THE TASK FORCE.
3. THE DEPARTMENT OF HEALTH SHALL SERVE AS THE FOCAL POINT TO DEVELOP
COMPREHENSIVE COORDINATED RESPONSES OF THE VARIOUS STATE AGENCIES WITH
REGARD TO STAPHYLOCOCCUS AND OTHER INFECTIONS AND THUS HELP TO ASSURE
TIMELY AND APPROPRIATE RESPONSES TO ISSUES AND PROBLEMS.
4. MEMBERS OF THE TASK FORCE SHALL REQUIRE IMMEDIATE NOTIFICATION
THROUGH SIGNAGE OR OTHER APPROPRIATE NOTIFICATION WITHIN AN AFFECTED
FACILITY, NOTIFICATION OF SCHOOL PERSONNEL AND PARENTS OF CHILDREN IN AN
AFFECTED SCHOOL OR SCHOOLS, OR OF PERSONNEL IN AN AFFECTED FACILITY
SERVING THE ELDERLY, WHERE THERE IS AN OCCURRENCE OF METHICILLIN RESIST-
ANT STAPHYLOCOCCUS AUREUS (MRSA) OR VANCOMYCIN RESISTANT ENTEROCOCCUS
(VRE) IN ANY SUCH SCHOOL OR IN A FACILITY SERVING THE ELDERLY. TASK
FORCE MEMBERS SHALL PROVIDE FOR INTERAGENCY CONSISTENCY IN SUCH NOTIFI-
CATION, AND MAY EXTEND THE REQUIREMENTS OF THIS SUBDIVISION CONCERNING
NOTIFICATION TO APPLY TO OTHER INFECTIONS AND OTHER INSTITUTIONS WHICH
PROVIDE SERVICES AND PROGRAMS BY OR UNDER THE JURISDICTION OF THE
MEMBERS OF THE TASK FORCE.
S 4. Section 201 of the public health law is amended by adding a new
subdivision 2-a to read as follows:
2-A. THE DEPARTMENT SHALL, IN ADDITION TO ITS DUTIES AND RESPONSIBIL-
ITIES PURSUANT TO SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS CHAPTER,
WORK AS A MEMBER OF THE INTERAGENCY TASK FORCE FOR RESEARCH, SERVICES,
SCREENING, AND EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER INFECTIONS
ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED ONE OF THE ELDER LAW, AND
IN SUCH CAPACITY, SERVE AS THE FOCAL POINT TO DEVELOP COMPREHENSIVE
COORDINATED RESPONSES OF VARIOUS STATE AGENCIES WITH REGARD TO STAPHYLO-
COCCUS AND OTHER INFECTIONS AND THUS HELP TO ASSURE TIMELY AND APPROPRI-
ATE RESPONSES TO ISSUES AND PROBLEMS. IN SUCH CAPACITY, THE DEPARTMENT
SHALL:
(A) REQUIRE STANDARDIZED REPORTING OF SUCH INFECTIONS BY SOURCE;
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(B) ESTABLISH GUIDELINES, DEFINITIONS, CRITERIA, STANDARDS AND CODING
FOR IDENTIFICATION, TRACKING AND REPORTING OF SUCH INFECTIONS; AND
(C) ADD WHEN THE COMMISSIONER SHALL DETERMINE THAT IT IS FEASIBLE TO
DO SO, TO THE STATE-WIDE DATABASE REQUIRED TO BE ESTABLISHED PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS CHAPTER OF REPORTED HOSPI-
TAL ACQUIRED INFECTION INFORMATION, INFORMATION REPORTED AND COLLECTED
PURSUANT TO THIS SUBDIVISION AND SECTION FOUR HUNDRED ONE OF THE ELDER
LAW.
INDIVIDUAL PATIENT IDENTIFYING INFORMATION REPORTED TO THE DEPARTMENT
UNDER THIS SUBDIVISION SHALL BE SUBJECT TO PARAGRAPH (J) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED SIX OF THIS TITLE. REGULATIONS UNDER THIS
SUBDIVISION SHALL INCLUDE STANDARDS TO ASSURE THE PROTECTION OF PATIENT
PRIVACY IN DATA COLLECTED AND RELEASED UNDER THIS SUBDIVISION AND STAND-
ARDS FOR THE PUBLICATION AND RELEASE OF DATA REPORTED UNDER THIS SUBDI-
VISION.
S 5. Nothing contained in this act shall prohibit the commissioner of
health, the director of the state office for the aging or the commis-
sioner of education from promulgating emergency regulations to carry out
their respective duties pursuant to the provisions and requirements of
this act.
S 6. This act shall take effect immediately.