NY State Senate Bill 2019-S7337

Senate Bill S7337

2019-2020 Legislative Session

Relates to including diagnosis of asthma or other respiratory diseases for which rescue inhaler treatment is prescribed in the statewide immunization information system

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Feb 13, 2020	advanced to third reading
Feb 12, 2020	2nd report cal.
Feb 11, 2020	1st report cal.426
Jan 17, 2020	referred to health

Votes

- Feb 11, 2020 - Health Committee Vote
  S7337
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 11, 2020
      
      aye (15)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Gallivan
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Ortt
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky

co-Sponsors

2019-S7337 (ACTIVE) - Details

See Assembly Version of this Bill:: A10085
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2168, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1410, A2431
2023-2024: S4783, A6594

2019-S7337 (ACTIVE) - Summary

Relates to including diagnosis of asthma or other respiratory diseases for which rescue inhaler treatment is prescribed in the statewide immunization information system.

2019-S7337 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7337

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to including diagno-
sis of asthma or other respiratory diseases for which rescue inhaler
treatment is prescribed in the statewide immunization information system

 
PURPOSE:

To insure that centralized information related to immunizations and
blood lead levels available to schools, child care providers and camps,
also includes information on whether a child under 19 years of age has
been diagnosed with asthma or other respiratory diseases for which
rescue inhaler treatment is prescribed.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends various parts of Section 2168 of the public
health law to update the statewide immunization information system to

collect reports of asthma or other respiratory disease diagnosis for
which rescue inhaler treatment is prescribed by a health care provider
so that this information is available to schools, day care providers,
and camps.

Section 2 provides an effective date.

 
EXISTING LAW:

Section 2168 of the public health law establishes the statewide immuni-
zation information system and also includes information on blood lead
level analysis.

 
JUSTIFICATION:

Asthma is a chronic disease of the lungs that causes wheezing, breath-
lessness, chest tightness, and coughing. When not well-controlled asthma
can greatly limit a person's quality of life and even result in death.
In 2015, an estimated 1.5 million adults and over 400,000 children had
Asthma in New York. Disparities in the rate of asthma persist among
racial and ethnic groups, and residents of the Bronx are suffering from
asthma at far higher rates than other areas of the state.

The Senate Health and Environmental Conservation Committees held a
Roundtable Discussion in the Bronx on Asthma in November of 2019. The
discussion was focused on school children with asthma and how several
key changes could make all the difference. Including information on
which children have been diagnosed with asthma or other respiratory
diseases in the statewide immunization registry, as this proposal does,
was among several recommendations made by the participants at the
Roundtable. With this information schools can be better prepared to
assist children in managing their asthma.

The statewide immunization information system is currently used to
record and confirm immunizations and lead blood level analysis so that
schools, day cares, and camps have this important information.  Knowing
that a child has asthma or another respiratory diseases for which a
rescue inhaler treatment is prescribed is vital so that the places
charged with taking care of children are aware and prepared to help
manage any problems that may arise.

Currently schools require parents to get doctor's orders signed and put
on file with the school. Streamlining this process and centralizing the
information, as the state has with immunizations and blood lead level
analysis, will help ensure children's asthma conditions are known and
better managed.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal cost as the registry already exists and savings to the state
Medicaid program are anticipated as better care coordination for
students is achieved.

 
EFFECTIVE DATE:
Immediately.

2019-S7337 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7337
 
                             I N  S E N A T E
 
                             January 17, 2020
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 including  diagno-
   sis  of  asthma or other respiratory diseases for which rescue inhaler
   treatment is prescribed  in  the  statewide  immunization  information
   system

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (c) of subdivision  1,  paragraphs  (b),
 (c) and (d) of subdivision 2, paragraph (a) of subdivision 3, paragraphs
 (b), (c) and (d) of subdivision 8, and subdivisions 10 and 11 of section
 2168  of the public health law, paragraphs (a) and (c) of subdivision 1,
 paragraphs (b), (c) and (d) of subdivision 2, paragraph (b) of  subdivi-
 sion  8  and subdivision 10 as amended by section 7 of part A of chapter
 58 of the laws of 2009, paragraph (a) of subdivision  3  as  amended  by
 section  2-a of part DD of chapter 57 of the laws of 2018, paragraph (c)
 of subdivision 8 as amended by chapter 420 of the laws  of  2014,  para-
 graph  (d)  of  subdivision  8  as amended by chapter 154 of the laws of
 2013, subparagraph (i) of paragraph (d) of subdivision 8 as  amended  by
 section  7 of part MM of chapter 57 of the laws of 2018, and subdivision
 11 as amended by chapter 154 of the laws of 2013, are amended to read as
 follows:
   (a) collect reports of immunizations and thus reduce the incidence  of
 illness, disability and death due to vaccine preventable diseases [and],
 collect  results  of  blood  lead analyses performed by physician office
 laboratories to provide to the statewide  registry  of  lead  levels  of
 children  established  pursuant to section thirteen hundred seventy-a of
 this chapter AND COLLECT REPORTS OF ASTHMA OR OTHER RESPIRATORY  DISEASE
 DIAGNOSIS  FOR  WHICH RESCUE INHALER TREATMENT IS PRESCRIBED BY A HEALTH
 CARE PROVIDER LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW;
   (c) make available to an individual, or parents, guardians,  or  other
 person in a custodial relation to a child or, to local health districts,
 local  social services districts responsible for the care and custody of
 children, health  care  providers  and  their  designees,  schools,  WIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14556-01-9

 S. 7337                             2
 
 programs, and third party payers the immunization status of children AND
 ANY DIAGNOSIS OF ASTHMA OR OTHER RESPIRATORY DISEASE DIAGNOSIS FOR WHICH
 A RESCUE INHALER TREATMENT IS PRESCRIBED; and
   (b)  The  term "statewide immunization information system" or "system"
 shall mean a statewide-computerized database maintained by  the  depart-
 ment  capable  of collecting, storing, and disclosing the electronic and
 paper records of vaccinations received, BLOOD LEAD ANALYSIS, AND  RESCUE
 INHALER TREATMENT PRESCRIPTIONS by persons under nineteen years of age.
   (c) The term "citywide immunization registry" shall mean the computer-
 ized  database  maintained  by the city of New York department of health
 and mental hygiene capable of collecting, storing,  and  disclosing  the
 electronic and paper records of vaccinations received AND RESCUE INHALER
 TREATMENT  PRESCRIPTIONS by persons less than nineteen years of age. The
 term "citywide immunization registry" shall not  include  the  childhood
 blood  lead registry established pursuant to the health code of the city
 of New York. For the purposes of this section the  term  New  York  city
 department  of  health and mental hygiene, shall mean such agency or any
 successor agency responsible for the citywide immunization registry.
   (d) The term "health care provider" shall mean any  person  authorized
 by  law  to  order  an immunization [or], analysis of a blood sample for
 lead OR DIAGNOSE ASTHMA OR OTHER RESPIRATORY DISEASE FOR WHICH A  RESCUE
 INHALER  TREATMENT  IS  PRESCRIBED  or any health care facility licensed
 under article twenty-eight of this chapter or any certified home  health
 agency established under section thirty-six hundred six of this chapter;
 with respect to a person seeking or receiving a health care service from
 the health care provider.
   (a)  (i)  Any  health  care  provider who administers any vaccine to a
 person less than nineteen years of age or, on or after September  first,
 two  thousand  nine, conducts a blood lead analysis of a sample obtained
 from a person under eighteen years of age in accordance  with  paragraph
 (h) of subdivision two of this section OR ON OR AFTER JANUARY FIRST, TWO
 THOUSAND  TWENTY-ONE  PRESCRIBES  OR  RENEWS  A  PRESCRIPTION FOR RESCUE
 INHALER TREATMENT; and immunizations received  by  a  person  less  than
 nineteen  years of age in the past if not already reported, shall report
 all such immunizations [and], the results of any  blood  lead  analysis,
 AND ANY PRESCRIPTION FOR RESCUE INHALER TREATMENT to the department in a
 format  prescribed  by the commissioner within fourteen days of adminis-
 tration of such immunizations or of obtaining the results  of  any  such
 blood lead analysis OR PRESCRIBING SUCH RESCUE INHALER TREATMENT. Health
 care providers administering immunizations to persons less than nineteen
 years  of  age  in  the  city  of  New  York  shall  report, in a format
 prescribed by the city of New York commissioner  of  health  and  mental
 hygiene,  all  such immunizations to the citywide immunization registry.
 Health care providers who conduct a blood lead analysis on OR  PRESCRIBE
 A  RESCUE INHALER TREATMENT FOR a person under eighteen years of age and
 who report the results of such analysis OR PRESCRIPTION to the  city  of
 New  York commissioner of health and mental hygiene pursuant to New York
 city reporting requirements shall be exempt from  this  requirement  for
 reporting blood lead analysis results AND PRESCRIPTION FOR RESCUE INHAL-
 ER  TREATMENT  to  the  state commissioner of health; provided, however,
 blood lead analysis data collected from physician office laboratories by
 the commissioner of health and mental hygiene of the city  of  New  York
 pursuant to the health code of the city of New York shall be provided to
 the department in a format prescribed by the commissioner.
   (ii)  A  pharmacist  who administers a vaccine pursuant to subdivision
 two of section sixty-eight hundred one of the education law, to a person

 S. 7337                             3
 
 less than nineteen years of age, shall report all such immunizations  to
 the  department  in a format prescribed by the commissioner within four-
 teen days of administration of such immunizations. Pharmacists  adminis-
 tering  immunizations pursuant to subdivision two of section sixty-eight
 hundred one of the education law to persons less than nineteen years  of
 age  in the city of New York shall report, in a format prescribed by the
 city of New York commissioner of health and  mental  hygiene,  all  such
 immunizations to the citywide immunization registry.
   (b)  (i)  The commissioner may use the statewide immunization informa-
 tion system and the blood lead ANALYSIS  AND  RESCUE  INHALER  TREATMENT
 PRESCRIPTION information in such system for purposes of outreach, quali-
 ty improvement and accountability, research, epidemiological studies and
 disease  control,  and  to obtain blood lead test results from physician
 office laboratories for the statewide registry of lead levels  of  chil-
 dren established pursuant to subdivision two of section thirteen hundred
 seventy-a  of  this  chapter; (ii) the commissioner of health and mental
 hygiene for the city of New York may use the immunization  registry  and
 the blood lead ANALYSIS AND RESCUE INHALER TREATMENT PRESCRIPTION infor-
 mation  in such system for purposes of outreach, quality improvement and
 accountability, research, epidemiological studies and  disease  control;
 (iii)  local  health  departments  shall have access to the immunization
 information system and the blood lead ANALYSIS AND RESCUE INHALER TREAT-
 MENT PRESCRIPTION information in such system for purposes  of  outreach,
 quality  improvement  and  accountability,  epidemiological  studies and
 disease control within their county; and
   (c) health care providers and their designees, registered professional
 nurses, and pharmacists authorized to administer immunizations  pursuant
 to  subdivision  two of section sixty-eight hundred one of the education
 law shall have access to the statewide immunization  information  system
 and  the  blood  lead ANALYSIS AND RESCUE INHALER TREATMENT PRESCRIPTION
 information in such system only for purposes of submission  of  informa-
 tion about vaccinations received by a specific registrant, determination
 of  the  immunization  status of a specific registrant, determination of
 the blood lead testing status of a specific  registrant,  submission  of
 the  results  from  a  blood  lead  analysis of a sample obtained from a
 specific registrant in accordance with paragraph (h) of subdivision  two
 of  this  section,  DETERMINATION  OF  THE  ASTHMA  OR OTHER RESPIRATORY
 DISEASE DIAGNOSIS OF A SPECIFIC REGISTRANT,  SUBMISSION  OF  INFORMATION
 ABOUT  PRESCRIPTIONS  FOR  RESCUE  INHALER  TREATMENT review of practice
 coverage,  generation  of  reminder  notices,  quality  improvement  and
 accountability and printing a copy of the immunization [or] RECORD, lead
 testing  record  OR RESCUE INHALER TREATMENT PRESCRIPTION for the regis-
 trant's medical record, for the  registrant's  parent  or  guardian,  or
 other  person  in  parental  or  custodial relation to a child, or for a
 registrant upon reaching eighteen years of age.
   (d) The following authorized users shall have access to the  statewide
 immunization  information  system  and the blood lead AND RESCUE INHALER
 TREATMENT PRESCRIPTION information  in  such  system  and  the  citywide
 immunization  registry  for  the  purposes stated in this paragraph: (i)
 schools for the purpose of verifying immunization status for eligibility
 for admission, FOR THE PURPOSE OF KNOWING A STUDENT  OR  CHILD  CARE  OR
 PRESCHOOL  CHILD  HAS  BEEN  DIAGNOSED  WITH ASTHMA OR OTHER RESPIRATORY
 DISEASE FOR WHICH RESCUE  INHALER  TREATMENT  WAS  PRESCRIBED,  for  the
 purpose  of confirming a student has been screened for lead when enroll-
 ing in child care, pre-school or kindergarten, and for the provision  of
 appropriate  educational  materials developed by the department pursuant

 S. 7337                             4
 
 to section thirteen hundred seventy-a of this chapter on the dangers  of
 lead  exposure, and the health risks associated with elevated blood lead
 levels to the parents or legal guardians of the student with an elevated
 blood  lead level, as such term is defined in subdivision six of section
 thirteen hundred seventy of this chapter,  as  well  as  information  on
 programs  that  may be available to the student and the parents or legal
 guardians of the  student;  (ii)  colleges  for  verifying  immunization
 status  for  eligibility for admission; (iii) professional and technical
 schools for verifying immunization status for eligibility for admission;
 (iv) children's overnight camps  and  summer  day  camps  for  verifying
 immunization  status  of  children attending camp AND FOR THE PURPOSE OF
 KNOWING A STUDENT HAS BEEN DIAGNOSED WITH ASTHMA  OR  OTHER  RESPIRATORY
 DISEASE  FOR  WHICH  RESCUE  INHALER TREATMENT WAS PRESCRIBED; (v) third
 party  payer  for  performing  quality  assurance,  accountability   and
 outreach,  relating  to enrollees covered by the third party payer; (vi)
 commissioners of local social services districts with regard to a  child
 in  his/her legal custody; (vii) the commissioner of the office of chil-
 dren and family services with regard to children in their legal custody,
 and for quality assurance and accountability of commissioners  of  local
 social services districts, care and treatment of children in the custody
 of  commissioners  of  local  social  services districts; and (viii) WIC
 programs for the purposes of verifying  immunization  and  lead  testing
 status for those seeking or receiving services.
   10.  The person to whom any immunization record relates, or his or her
 parent, or guardian, or other person in parental or  custodial  relation
 to  such  person may request a copy of an immunization [or] RECORD, lead
 testing record OR RESCUE INHALER TREATMENT PRESCRIPTION from the  regis-
 trant's  healthcare  provider,  the  statewide  immunization information
 system or the citywide immunization  registry  according  to  procedures
 established  by the commissioner or, in the case of the citywide immuni-
 zation registry, by the city of New York commissioner of the  department
 of health and mental hygiene.
   11.  The commissioner, or in the city of New York, the commissioner of
 the department of health and  mental  hygiene,  may  provide  registrant
 specific immunization [and] RECORDS, lead test records AND RESCUE INHAL-
 ER  TREATMENT PRESCRIPTIONS to other state or city registries and regis-
 tries maintained by the Indian Health Service and tribal nations  recog-
 nized  by the state or the United States pursuant to a written agreement
 requiring that the other registry  conform  to  national  standards  for
 maintaining  the integrity of the data and will not be used for purposes
 inconsistent with the provisions of this section.
   § 2. This act shall take effect immediately.

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Senate Bill S7337

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Sponsored By

Gustavo Rivera