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.
STATE OF NEW YORK
________________________________________________________________________
6995
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. SEPTIMO, STIRPE -- read once and referred 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:
1 Section 1. Section 2803 of the public health law is amended by adding
2 a new subdivision 14 to read as follows:
3 14. (a) The commissioner shall ensure that all healthcare facilities
4 as defined in paragraph (b) of this subdivision possess and maintain an
5 operating threshold of at least fifty percent of all reusable personal
6 protective equipment (PPE) as provided by a hygienically clean laundry
7 service provider; provided, however, that upon request, the department
8 may grant an extension or reprieve, at its sole and exclusive discretion
9 if the healthcare facility demonstrates, to the commissioner's satisfac-
10 tion, that such healthcare facility's inability to meet such requirement
11 is solely attributable to supply chain issues that are beyond the hospi-
12 tal's control and purchasing PPE at market rates would facilitate price
13 gouging by PPE vendors.
14 (b) For purposes of this subdivision, the following terms shall have
15 the following meanings:
16 (i) "healthcare facility" shall mean hospitals, skilled nursing facil-
17 ities, outpatient care centers, long-term care facilities, physical
18 therapy centers, comprehensive outpatient rehabilitation facilities,
19 end-stage renal disease facilities, hospice, physician's offices, non-
20 physician provider's offices, and laboratories;
21 (ii) "personal protective equipment (PPE)" shall mean any protective
22 textile which is available in reusable format, where deemed feasible and
23 acceptable, consistent with federal Centers for Disease Control guid-
24 ance; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11130-01-3
A. 6995 2
1 (iii) "operating threshold" shall mean a constantly rotating stock of
2 PPE textiles being used, returned to a laundry facility, processed by a
3 hygienically clean certified facility, and returned to a healthcare
4 facility for use.
5 (c) Failure to possess and maintain such a supply of PPE may result in
6 a fine to be determined by the department; provided, however, that no
7 such revocation or suspension shall be ordered unless the department has
8 provided the healthcare facility with a thirty-day grace period, to
9 achieve compliance with the requirements of paragraph (a) of this subdi-
10 vision.
11 § 2. This act shall take effect one year after it shall have become a
12 law.
