Establishes a coordinated statewide policy, investigation, and reporting requirements with respect to infections, including certain staphylococcus infections.
TITLE OF BILL: An act to amend the elder law and the public health law, in relation to establishing a coordinated statewide policy, investigation and reporting requirements with respect to infections, including certain staphylococcus infections
SUMMARY OF PROVISIONS: Section 1. Legislative Intent.
Section 2. Amends the elder by adding a new subdivision 14 to section 202 to require that the office of aging in cooperation and after consultation with the department of health, establish regulations concerning the use and implementation of best practices for the prevention, prohibition, reporting, and treatment of staphylococcus and other infections by services and programs by or under the jurisdiction of the office, and that SOFA also promote public awareness concerning the threat to the aging from such infections, support studies, research and education relating to this threat, and act as or aid in the development of a clearinghouse for information relating to the needs of the aging.
Section 3. Adds a new Article 4 to the elder law to create the Interagency Task Force for research, services, screening, and education related to staphylococcus and other infections.
1. Its purpose is to establish a coordinated plan and policy concerning staphylococcus infections and other infections.
2. Membership on the Task Force includes the director of SOFA, the commissioner of health, and the commissioner of education.
The plan is to include: establishment of best practice standards; coordinated research; public education and intervention, and a report and recommendations to the Governor and the Legislature annually on or before March 1.
3. There is also a 21 member Advisory Committee, appointed by the members of the Task Force consisting of representatives from each sector of health care facilities and providers, schools and other institutions which provide services and programs by or under the jurisdiction of the members of the Task Force. The advisory committee is to review and comment on policy proposals and plans advanced by the Task Force.
4. The department of health is to serve as the focal point to develop comprehensive coordinated responses of the various state agencies with regard to staphylococcus and other infections and thus help to assure timely and appropriate responses to issues and problems.
5. Members of the Task Force shall require immediate notification through signage or other appropriate notification within an affected
facility, notification of school personnel and parents of children in an affected school or schools, or of personnel in an affected facility serving the elderly, when where there is an occurrence of methicillin resistant staphylococcus aureus (MRSA) or vancomycin resistant enterococcus (VRE).
Section 4. Adds a new subdivision 2-b to section 201 of the public health law to require the department of health to serve as the focal point to develop comprehensive coordinated responses of various state agencies with regard to staphylococcus and other infections and thus help to assure timely and appropriate responses to issues and problems. In such capacity, the department shall:
(a) require standardized reporting of such infections by source;
(b) establish guidelines, definitions, criteria, standards and coding for identification, tracking and reporting of such infections;
(c) add when the commissioner shall determine that it is feasible to do so, to the statewide database required to be established pursuant to section 2819 of this chapter of reported hospital acquired infection information, information concerning reported and collected pursuant to this subdivision and section 303 of the elder law.
JUSTIFICATION: This bill provides for a coordinated response to staphylococcus and other infections by the several state agencies that should be involved aging, health, and education - to set standardized policy for dealing with serious infections that afflict the public and our most vulnerable population, children and the elderly.
PRIOR LEGISLATIVE HISTORY: 2008: S.6980 - Referred to Aging, Committed to Rules 2009-10: S.2189 - Referred to Aging
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2181--A 2011-2012 Regular Sessions IN SENATE January 18, 2011 ___________Introduced by Sens. GOLDEN, DeFRANCISCO, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Aging -- recommitted to the Committee on Aging in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the elder law and the public health law, in relation to establishing a coordinated statewide policy, investigation and report- ing requirements with respect to infections, including certain staphy- lococcus infections THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative Intent. The legislature hereby finds and declares that Staphylococcus Aureus, or "staph" infections, including MRSA or methicillin-resistant staph aureus infections, occur most frequently in hospital and health-care facilities, but that there have been increased recent reports of community-associated MRSA infections. The legislature further finds that the danger that staph and other infections will become life-threatening is greater among the young and the old and those undergoing health procedures, and declares that the goal of the state should be to not only reduce or eliminate the number of infections including MRSA in health-care facilities but to reduce or eliminate health-care setting and community setting infections altogeth- er. The legislature finds since 2004, there have been 50 reported MRSA-re- lated outbreaks in hospitals in this state, and that nationally, serious MRSA infections occur in approximately 94,000 persons annually and are associated with approximately 19,000 deaths, and that of these infections, about 86% are healthcare-associated and 14% are community- associated. The legislature further finds that in New York hospitals, according to a state health department pilot program, about five percent of central-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04222-02-2 S. 2181--A 2
line associated bloodstream infections in critical care unit patients involve MRSA, while 95 percent of infections involve other bacterial infections, and that the data shows that MRSA is the fourth-leading cause associated with coronary bypass graft surgical site infections, and that approximately ten percent of these infections were associated with MRSA; and that 11% of colon procedures were associated with MRSA. The legislature further finds and declares that danger from these infections is worsening, as increasingly these infections cannot be cured with commonly used antibiotics, evidenced by the fact that in 1974, only 2% of staph infections were drug-resistant, while today over 60% are drug resistant or MRSA. The legislature hereby declares that infections are becoming an increasing danger in health care, educational, and other settings, programs, and facilities in this state, and declares that by enacting this act, it intends to require the creation of an interagency state plan to increase research, services, screening, and education concerning these infections in health care and community settings. S 2. Subdivision 15 of section 202 of the elder law, as added by chap- ter 263 of the laws of 2011, is amended and a new subdivision 16 is added to read as follows: 15. to periodically, in consultation with the state director of veter- an's affairs, review the programs operated by the office to ensure that the needs of the state's aging veteran population are being met and to develop improvements to programs to meet such needs
[.]; AND 16. TO, IN COOPERATION AND AFTER CONSULTATION WITH THE DEPARTMENT OF HEALTH, ESTABLISH REGULATIONS CONCERNING THE USE AND IMPLEMENTATION OF BEST PRACTICES FOR THE PREVENTION, PROHIBITION, REPORTING, AND TREATMENT OF STAPHYLOCOCCUS AND OTHER INFECTIONS BY SERVICES AND PROGRAMS BY OR UNDER THE JURISDICTION OF THE OFFICE. THE OFFICE SHALL ADDITIONALLY PROMOTE PUBLIC AWARENESS CONCERNING THE THREAT TO THE AGING FROM SUCH INFECTIONS, SHALL FOSTER AND SUPPORT STUDIES, RESEARCH AND EDUCATION RELATING TO THIS THREAT, AND SHALL ACT AS OR AID IN THE DEVELOPMENT OF A CLEARINGHOUSE FOR INFORMATION RELATING TO THE NEEDS OF THE AGING WITH RESPECT TO SUCH. THE OFFICE MAY ENTER INTO CONTRACTS, WITHIN AMOUNTS AVAILABLE BY APPROPRIATION THEREFOR, WITH INDIVIDUALS, ORGANIZATIONS AND INSTITUTIONS, IN FURTHERANCE OF THESE DUTIES. S 3. The elder law is amended by adding a new article 3 to read as follows: ARTICLE III INTERAGENCY TASK FORCE FOR RESEARCH, SERVICES, SCREENING AND EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER INFECTIONS SECTION 301. INTERAGENCY TASK FORCE FOR RESEARCH, SERVICES, SCREENING AND EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER INFECTIONS. S 301. INTERAGENCY TASK FORCE FOR RESEARCH, SERVICES, SCREENING AND EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER INFECTIONS. 1. THERE IS HEREBY CREATED THE NEW YORK STATE INTERAGENCY TASK FORCE ON RESEARCH, SERVICES, SCREENING, AND EDUCATION CONCERNING STAPHYLOCOCCUS AND OTHER INFECTIONS, WHOSE PURPOSE SHALL BE TO ESTABLISH A COORDINATED PLAN AND POLICY CONCERNING STAPHYLOCOCCUS INFECTIONS AND OTHER INFECTIONS. THE INTERAGENCY TASK FORCE SHALL CONSIST OF THE DIRECTOR, THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, AND THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION. FOR PURPOSES OF THIS SECTION, THE INTERAGENCY TASK FORCE FOR RESEARCH, SERVICES, SCREENING AND EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER INFECTIONS SHALL BE REFERRED TO AS THE "TASK FORCE." IN DEVEL-S. 2181--A 3
OPING AND IMPLEMENTING ITS PLAN, THE TASK FORCE SHALL HAVE AS PRIMARY ACTIVITIES THE FOLLOWING: A. AFTER CONSULTATION WITH THE ADVISORY COUNCIL, THE TASK FORCE SHALL ESTABLISH BEST PRACTICES STANDARDS FOR INFECTION CONTROL IN SERVICES AND PROGRAMS BY OR UNDER THE JURISDICTION OF THE MEMBERS OF THE TASK FORCE. B. THE TASK FORCE SHALL UTILIZE DATA AND INFORMATION COMPILED AND MAINTAINED PURSUANT TO LAW TO COORDINATE STATE FUNDED RESEARCH EFFORTS TO ENSURE THE MOST EFFICIENT USE OF FUNDS AVAILABLE FOR THIS PURPOSE. C. THE TASK FORCE SHALL ADDRESS POTENTIAL GAPS IN IDENTIFICATION AND INTERVENTION, AND THE NEED FOR PUBLIC EDUCATION. D. THE TASK FORCE SHALL PROVIDE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE CONCERNING THE COORDINATED PLAN AND POLICY, ANNUALLY ON OR BEFORE MARCH FIRST. 2. MEMBERS OF THE TASK FORCE SHALL APPOINT A TWENTY-ONE MEMBER ADVI- SORY COMMITTEE TO THE TASK FORCE, WHOSE MEMBERS SHALL CONSIST OF REPRE- SENTATIVES FROM EACH SECTOR OF HEALTH CARE FACILITIES AND PROVIDERS, SCHOOLS AND OTHER INSTITUTIONS WHICH PROVIDE SERVICES AND PROGRAMS BY OR UNDER THE JURISDICTION OF THE MEMBERS OF THE TASK FORCE. EACH MEMBER OF THE TASK FORCE SHALL APPOINT SEVEN MEMBERS TO THE ADVISORY COMMITTEE. THE PURPOSE OF THE ADVISORY COMMITTEE SHALL BE TO REVIEW AND COMMENT ON POLICY PROPOSALS AND PLANS ADVANCED BY THE TASK FORCE. 3. THE DEPARTMENT OF HEALTH SHALL SERVE AS THE FOCAL POINT TO DEVELOP COMPREHENSIVE COORDINATED RESPONSES OF THE VARIOUS STATE AGENCIES WITH REGARD TO STAPHYLOCOCCUS AND OTHER INFECTIONS AND THUS HELP TO ASSURE TIMELY AND APPROPRIATE RESPONSES TO ISSUES AND PROBLEMS. 4. MEMBERS OF THE TASK FORCE SHALL REQUIRE IMMEDIATE NOTIFICATION THROUGH SIGNAGE OR OTHER APPROPRIATE NOTIFICATION WITHIN AN AFFECTED FACILITY, NOTIFICATION OF SCHOOL PERSONNEL AND PARENTS OF CHILDREN IN AN AFFECTED SCHOOL OR SCHOOLS, OR OF PERSONNEL IN AN AFFECTED FACILITY SERVING THE ELDERLY, WHERE THERE IS AN OCCURRENCE OF METHICILLIN RESIST- ANT STAPHYLOCOCCUS AUREUS (MRSA) OR VANCOMYCIN RESISTANT ENTEROCOCCUS (VRE) IN ANY SUCH SCHOOL OR IN A FACILITY SERVING THE ELDERLY. TASK FORCE MEMBERS SHALL PROVIDE FOR INTERAGENCY CONSISTENCY IN SUCH NOTIFI- CATION, AND MAY EXTEND THE REQUIREMENTS OF THIS SUBDIVISION CONCERNING NOTIFICATION TO APPLY TO OTHER INFECTIONS AND OTHER INSTITUTIONS WHICH PROVIDE SERVICES AND PROGRAMS BY OR UNDER THE JURISDICTION OF THE MEMBERS OF THE TASK FORCE. S 4. Section 201 of the public health law is amended by adding a new subdivision 2-a to read as follows: 2-A. THE DEPARTMENT SHALL, IN ADDITION TO ITS DUTIES AND RESPONSIBIL- ITIES PURSUANT TO SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS CHAPTER, WORK AS A MEMBER OF THE INTERAGENCY TASK FORCE FOR RESEARCH, SERVICES, SCREENING, AND EDUCATION RELATED TO STAPHYLOCOCCUS AND OTHER INFECTIONS ESTABLISHED PURSUANT TO SECTION THREE HUNDRED ONE OF THE ELDER LAW, AND IN SUCH CAPACITY, SERVE AS THE FOCAL POINT TO DEVELOP COMPREHENSIVE COORDINATED RESPONSES OF VARIOUS STATE AGENCIES WITH REGARD TO STAPHYLO- COCCUS AND OTHER INFECTIONS AND THUS HELP TO ASSURE TIMELY AND APPROPRI- ATE RESPONSES TO ISSUES AND PROBLEMS. IN SUCH CAPACITY, THE DEPARTMENT SHALL: (A) REQUIRE STANDARDIZED REPORTING OF SUCH INFECTIONS BY SOURCE; (B) ESTABLISH GUIDELINES, DEFINITIONS, CRITERIA, STANDARDS AND CODING FOR IDENTIFICATION, TRACKING AND REPORTING OF SUCH INFECTIONS; AND (C) ADD WHEN THE COMMISSIONER SHALL DETERMINE THAT IT IS FEASIBLE TO DO SO, TO THE STATE-WIDE DATABASE REQUIRED TO BE ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS CHAPTER OF REPORTED HOSPI- TAL ACQUIRED INFECTION INFORMATION, INFORMATION REPORTED AND COLLECTEDS. 2181--A 4
PURSUANT TO THIS SUBDIVISION AND SECTION FOUR HUNDRED ONE OF THE ELDER LAW. INDIVIDUAL PATIENT IDENTIFYING INFORMATION REPORTED TO THE DEPARTMENT UNDER THIS SUBDIVISION SHALL BE SUBJECT TO PARAGRAPH (J) OF SUBDIVISION ONE OF SECTION TWO HUNDRED SIX OF THIS TITLE. REGULATIONS UNDER THIS SUBDIVISION SHALL INCLUDE STANDARDS TO ASSURE THE PROTECTION OF PATIENT PRIVACY IN DATA COLLECTED AND RELEASED UNDER THIS SUBDIVISION AND STAND- ARDS FOR THE PUBLICATION AND RELEASE OF DATA REPORTED UNDER THIS SUBDI- VISION. S 5. Nothing contained in this act shall prohibit the commissioner of health, the director of the state office for the aging or the commis- sioner of education from promulgating emergency regulations to carry out their respective duties pursuant to the provisions and requirements of this act. S 6. This act shall take effect immediately.