NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4539A
SPONSOR: Solages
 
TITLE OF BILL:
An act requiring the department of health to provide written, public
updates to the Draft New York State's COVID-19 Vaccination Program Plan
 
TITLE OF BILL: :
An act requiring New York state to develop and implement a plan for the
distribution of a COVID-19 medical countermeasure in a manner that
prioritizes those communities serving the most vulnerable residents of
the state
 
PURPOSE:
This bill would require New York State to develop and implement a plan
to equitably distribute a COVID-19 medical countermeasure to New York-
ers.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one requires the New York State Department of Health to develop
and release a plan for the equitable distribution of a COVID-19 medical
countermeasure to New York State residents. This plan would be required
to prioritize the distribution of the medical countermeasure to communi-
ties and facilities serving the New York residents deemed to be most
vulnerable to the immediate medical threat.
Section two sets the effective date.
 
JUSTIFICATION: :
COVID-19 has had a disproportionate and devastating impact on the Afri-
can American community in New York and across the nation, as well as
senior citizens. As we respond to the COVID-19 pandemic, now is the time
to address the systemic health disparities in our communities.
New York State must prioritize those who have been and continue to be
most impacted by this pandemic. Black and Latino people have become
infected with the virus at three times the rate of whites, and have died
nearly twice as frequently(1). They are more likely to suffer from
underlying health problems, including diabetes and obesity, that raise
the risk of hospitalization and death. Not only do these populations
often have less access to health services, but they also have a docu-
mented history of receiving unequal care. Additionally, more than 85% of
New York State residents who died as a result of COVID-19 were aged 60
and above.
(2)This legislation requires the New York State Department of Health to
develop a plan, to be released to the public, for the equitable distrib-
ution of COVID-19 medical countermeasures to residents of the state. In
developing this plan, the Department of Health must take into account
rates of infection, the severity of illness, hospitalization, recovery,
and mortality of patients in a community, with sensitivity to age,
gender, racial and/or ethnic background and low-income status of the
members of the community. Additionally, it would require the state to
take into account the ability or inability of medical providers within a
community to purchase or otherwise obtain the vaccine. The dispropor-
tionate number of those being infected by COVID-19 in the African Ameri-
can community continues to shine a light on these pre-existing race-
based health disparities. There is an undeniable history of systemic
racism and inequality when it comes to accessing health care in communi-
ties of color across the country. During these unprecedented times, New
York must ensure that we are taking all the measures possible to elimi-
nate health disparities that have only been magnified by the COVID-19
crisis.
 
LEGISLATIVE HISTORY:
2019-20: print number A.10850; Referred to health
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE: :
This act shall take immediately.
(1) https://www.nytimes.com/interactive/
2020/07/05/us/coronaviruslatinos-african- americans-cdc-data.html
(2)https://covidl9tracker.health.ny.gov/
views/Fatalities?%3Aembed=yes&%3Atoolbar= no&%3Atabs=n
STATE OF NEW YORK
________________________________________________________________________
4539--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 4, 2021
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Health -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT requiring the department of health to provide written, public
updates to the Draft New York State's COVID-19 Vaccination Program
Plan
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. The New York State Department of Health, in collab-
2 oration with any other state agency or entity, as applicable, shall
3 update the Draft New York State's COVID-19 Vaccination Program Plan by
4 providing a written plan that is posted on a publicly available website
5 by March 1, 2021 that specifies how the state will:
6 (a) Ensure the equitable distribution of vaccine to communities
7 disproportionally impacted by COVID-19;
8 (b) Issue anticipated guidance on phased tiers of vaccine eligibility
9 for the general public;
10 (c) Ensure pharmacies, hospitals, health care providers, long-term
11 care facilities, and other non-state operated vaccine administration
12 sites will have an adequate supply of vaccinations and ensure timely and
13 equitable administration of vaccinations;
14 (d) Determine a methodology for how vaccines will be allocated to
15 long-term care facilities, health care providers, pharmacies, hospitals
16 and local government health departments;
17 (e) Coordinate with local governments and local health departments to
18 ensure that adequate vaccines are available and are being administered
19 in an equitable manner at state and non-state operated vaccination
20 administration sites;
21 (f) Coordinate with the Federal Government's Pharmacy Partnership for
22 Long-Term Care Program to ensure that residents and staff at long-term
23 care facilities are receiving vaccines in a timely and equitable manner;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06233-03-1
A. 4539--A 2
1 (g) Publicly report vaccine doses received by the state, including a
2 distinction for first and second doses, and doses administered, includ-
3 ing a breakdown of first and second doses when applicable;
4 (h) Undertake outreach measures to educate residents on the vaccine
5 distribution plan and the safety and effectiveness of the vaccine; and
6 (i) Ensure information technology infrastructure that will be utilized
7 for the public to schedule appointments, through a single online-portal
8 or telephone hotline for vaccination administration with state operated
9 vaccine administration sites, pharmacies, or their health care provid-
10 ers.
11 2. Such plan shall be updated and posted on a publicly available
12 website on a weekly basis.
13 § 2. This act shall take effect immediately.