Prohibits a health care coverage plan, including medicaid, from making a purchase, payment or reimbursement for treatment and/or any other costs related to the care of a patient with a hospital acquired infection deemed preventable by the commissioner.
STATE OF NEW YORK
________________________________________________________________________
4969
2011-2012 Regular Sessions
IN ASSEMBLY
February 9, 2011
___________
Introduced by M. of A. MAYERSOHN -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to costs related to
the care of a patient with a hospital acquired infection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2807 of the public health law is amended by adding
2 a new subdivision 20 to read as follows:
3 20. (a) Notwithstanding any inconsistent provision of law, no health
4 care coverage plan, including Medicaid, shall purchase, pay for or make
5 reimbursement for treatment and/or any other costs related to the care
6 of a patient inflicted with a hospital acquired infection deemed
7 preventable by the commissioner and the prevalence of which at said
8 hospital is excessive or otherwise beyond normally acceptable standards.
9 (b) In determining the type or nature of excessive preventable hospi-
10 tal acquired infection, the commissioner shall consult with the advisory
11 committee on preventable hospital infections created in paragraph (c) of
12 this subdivision. Such determination shall be based upon the following
13 factors:
14 (i) the preventable nature of a particular type of infection;
15 (ii) the reasonably acceptable rate and expected level of infection at
16 a particular institution based upon the nature of the institution and
17 the population it serves;
18 (iii) the history and efficacy of infectious disease control, report-
19 ing and screening efforts at said institution;
20 (iv) the historical compliance record of the institution in relation
21 to hospital acquired infection control, reporting and screening require-
22 ments; and
23 (v) any other factor deemed relevant by the commissioner.
24 (c) There is hereby created within the department, the advisory
25 committee on preventable hospital infections. Such committee shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08649-01-1
A. 4969 2
1 consist of seventeen members, with the commissioner or his or her desig-
2 nee acting as chairperson. The membership of the committee shall be
3 appointed by the commissioner and shall consist of at least one repre-
4 sentative of each of the following groups:
5 (i) hospital industry;
6 (ii) health insurance industry;
7 (iii) health care consumer organizations;
8 (iv) hospital employee organizations;
9 (v) infectious disease control experts, as determined by the commis-
10 sioner;
11 (vi) the superintendent of insurance or his or her designee;
12 (vii) the commissioner or his or her designee;
13 (viii) medical organizations;
14 (ix) nursing home industry; and
15 (x) nursing organizations.
16 (d) No hospital shall deny admittance or treatment to or refer to
17 another hospital for admittance or treatment unless medically necessary,
18 any individual inflicted with a hospital acquired infection. Any hospi-
19 tal admitting or treating an individual with a hospital acquired
20 infection, shall provide all services necessary to treat the infection
21 and shall bear all costs related to such treatment.
22 (e) The commissioner shall promulgate such rules and regulations as
23 may be necessary and proper to carry out the provisions of this subdivi-
24 sion including protocols for infectious disease control, reporting,
25 screening and treatment.
26 § 2. This act shall take effect on the one hundred twentieth day after
27 it shall have become a law; provided, however, that effective immediate-
28 ly, the addition, amendment and/or repeal of any rule or regulation
29 necessary for the implementation of this act on its effective date are
30 authorized and directed to be made and completed on or before such
31 effective date.
