S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11129
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Section 2192 of the public health law, as added by  chapter
 580 of the laws of 1999, is amended to read as follows:
   § 2192. Long-term  care  resident  and employee immunization required.
 Except as provided in section twenty-one  hundred  ninety-five  of  this
 article, every long-term care facility in this state shall require resi-
 dents  and  employees  to be immunized for influenza virus, COVID-19 and
 pneumococcal disease in accordance with regulations of the commissioner.
   § 2. Section 2803 of the public health law is amended by adding a  new
 subdivision 13 to read as follows:
   13.  THE  COMMISSIONER SHALL DEVELOP A PLAN TO PRIORITIZE THE DISTRIB-
 UTION OF VACCINATIONS FOR COVID-19 TO VULNERABLE POPULATIONS RESIDING IN
 AND EMPLOYEES OF RESIDENTIAL HEALTH CARE FACILITIES.
   § 3. Subdivisions 2 and 3 of section 2191 of the public health law, as
 added by chapter 580 of the  laws  of  1999,  are  amended  to  read  as
 follows:
   2.  "Documentation" means written evidence from an individual's health
 care provider indicating the date and place when the individual received
 the influenza vaccine, COVID-19 VACCINE or the pneumococcal vaccine.
   3. "Medically contraindicated" means influenza, COVID-19 or pneumococ-
 cal vaccine should not be administered to an individual because  it  may
 be detrimental to the individual's health if the individual receives the
 vaccine.
   § 4. Section 2193 of the public health law, as added by chapter 580 of
 the laws of 1999, is amended to read as follows:
   §  2193.  Resident  immunization.  1. Upon admission, a long-term care
 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

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 this article and request that the resident agree to be immunized against
 influenza virus, COVID-19 and pneumococcal disease.
   2.  Every  long-term care facility shall document the annual immuniza-
 tion against influenza virus, IMMUNIZATION AGAINST COVID-19 and  immuni-
 zation against pneumococcal disease for each resident. Upon finding that
 a  resident  is lacking such immunization or the long-term care facility
 or individual is unable to provide documentation that the individual has
 received the appropriate immunization, the long-term care facility shall
 provide or arrange for immunization. Immunization and the  documentation
 thereof shall take place no later than November thirtieth of each year.
   3.  An  individual who becomes a resident after November thirtieth but
 before April first shall have his or her status for influenza,  COVID-19
 and  pneumococcal  immunization determined by the facility, and if found
 to be deficient, the facility shall provide or arrange for the necessary
 immunization.
   § 5. Section 2194 of the public health law, as added by chapter 580 of
 the laws of 1999, is amended to read as follows:
   § 2194. Employee immunization. 1. Every long-term care facility  shall
 notify  every  employee of the immunization requirements of this article
 and request that the employee agree to be  immunized  against  influenza
 virus, COVID-19 and pneumococcal disease.
   2.  The  long-term care facility shall require documentation of annual
 immunization against influenza virus, IMMUNIZATION AGAINST COVID-19  and
 immunization  against pneumococcal disease for each employee. Upon find-
 ing that an employee is lacking such immunization or the long-term  care
 facility or individual is unable to provide documentation that the indi-
 vidual  has  received  the  appropriate immunization, the long-term care
 facility must provide or arrange for immunization. Immunization and  the
 documentation  thereof shall take place no later than November thirtieth
 of each year.
   3. An individual who is newly employed as an employee  after  November
 thirtieth but before April first shall have his or her status for influ-
 enza, COVID-19 and pneumococcal immunization determined by the facility,
 and  if found to be deficient, the facility shall provide or arrange for
 the necessary immunization.
   § 6. Section 2195 of the public health law, as added by chapter 580 of
 the laws of 1999, is amended to read as follows:
   § 2195. Exceptions. No individual shall be required to receive  either
 an  influenza  vaccine,  COVID-19 VACCINE or pneumococcal vaccine if the
 vaccine is medically contraindicated, or if it is  against  his  or  her
 religious beliefs, or if he or she refuses the vaccine after being fully
 informed of the health risks of such action.
   § 7. Section 2196 of the public health law, as added by chapter 580 of
 the laws of 1999, is amended to read as follows:
   §  2196.  Rules  and  regulations;  report.  1. The commissioner shall
 promulgate regulations relating to the immunization requirements of this
 article, taking into consideration the recommendations  of  the  centers
 for disease control and prevention.
   2.  The  commissioner is hereby directed to make available educational
 and informational  materials  to  all  long-term  care  facilities  with
 respect  to vaccination against influenza virus, COVID-19 and pneumococ-
 cal disease.
   3. The commissioner shall report three years from the  effective  date
 of  this article to the governor, the temporary president of the senate,
 the speaker of the assembly, the minority leader of the senate  and  the
 minority  leader of the assembly on the number of outbreaks in long-term

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 care facilities each year due to influenza virus, COVID-19  and  pneumo-
 coccal disease and number of hospitalizations of long-term care facility
 residents  each  year  due  to  influenza  virus, COVID-19, pneumococcal
 disease and complications thereof.
   § 8. This act shall take effect immediately.