Senate Bill S8169

2023-2024 Legislative Session

Requires healthcare facilities to maintain a fifty percent operating threshold of certain reusable healthcare protective textiles in their inventory

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health 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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2023-S8169 (ACTIVE) - Details

See Assembly Version of this Bill:
A6995
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L

2023-S8169 (ACTIVE) - Summary

Requires healthcare facilities to maintain a fifty percent operating threshold of certain reusable healthcare protective textiles in their inventory unless a reprieve is provided for supply chain issues; provides a fine may be assessed for failure to comply, as determined by the commissioner.

2023-S8169 (ACTIVE) - Sponsor Memo

2023-S8169 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8169
 
                             I N  S E N A T E
 
                             January 10, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 requiring  health-
   care  facilities  to  maintain  a fifty percent operating threshold of
   certain reusable healthcare protective textiles in their inventory

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2803 of the public health law is amended by adding
 a new subdivision 14 to read as follows:
   14. (A) THE COMMISSIONER SHALL ENSURE THAT ALL  HEALTHCARE  FACILITIES
 AS  DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION POSSESS AND MAINTAIN AN
 OPERATING THRESHOLD OF AT LEAST FIFTY PERCENT OF ALL  REUSABLE  PERSONAL
 PROTECTIVE  EQUIPMENT  (PPE) AS PROVIDED BY A HYGIENICALLY CLEAN LAUNDRY
 SERVICE PROVIDER; PROVIDED, HOWEVER, THAT UPON REQUEST,  THE  DEPARTMENT
 MAY GRANT AN EXTENSION OR REPRIEVE, AT ITS SOLE AND EXCLUSIVE DISCRETION
 IF THE HEALTHCARE FACILITY DEMONSTRATES, TO THE COMMISSIONER'S SATISFAC-
 TION, THAT SUCH HEALTHCARE FACILITY'S INABILITY TO MEET SUCH REQUIREMENT
 IS SOLELY ATTRIBUTABLE TO SUPPLY CHAIN ISSUES THAT ARE BEYOND THE HOSPI-
 TAL'S  CONTROL AND PURCHASING PPE AT MARKET RATES WOULD FACILITATE PRICE
 GOUGING BY PPE VENDORS.
   (B) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I) "HEALTHCARE FACILITY" SHALL MEAN HOSPITALS, SKILLED NURSING FACIL-
 ITIES,  OUTPATIENT  CARE  CENTERS,  LONG-TERM  CARE FACILITIES, PHYSICAL
 THERAPY CENTERS,  COMPREHENSIVE  OUTPATIENT  REHABILITATION  FACILITIES,
 END-STAGE  RENAL  DISEASE FACILITIES, HOSPICE, PHYSICIAN'S OFFICES, NON-
 PHYSICIAN PROVIDER'S OFFICES, AND LABORATORIES;
   (II) "PERSONAL PROTECTIVE EQUIPMENT (PPE)" SHALL MEAN  ANY  PROTECTIVE
 TEXTILE WHICH IS AVAILABLE IN REUSABLE FORMAT, WHERE DEEMED FEASIBLE AND
 ACCEPTABLE,  CONSISTENT  WITH  FEDERAL CENTERS FOR DISEASE CONTROL GUID-
 ANCE; AND
   (III) "OPERATING THRESHOLD" SHALL MEAN A CONSTANTLY ROTATING STOCK  OF
 PPE  TEXTILES BEING USED, RETURNED TO A LAUNDRY FACILITY, PROCESSED BY A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11130-01-3
              

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