Bill > S1291

Introduced Session

This bill requires health care facilities to annually offer influenza vaccination to their health care workers, commencing with the 2013-2014 influenza season. Specifically, each health care facility is to establish and implement an annual influenza vaccination program in accordance with the current recommendations of the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention and any rules and regulations adopted by the Commissioner of Health. The bill would apply to a general or special hospital, nursing home, or home health care agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), and to any "health care worker," defined as a person employed by a health care facility who provides direct patient care or otherwise has contact with patients. The bill would require that a health care facility annually offer on-site or off-site influenza vaccinations. A health care worker would be required to receive an influenza vaccination, but may present acceptable proof, including an attestation by the health care worker of a current influenza vaccination from another vaccination source, or sign a written declination statement. Each facility would be required to maintain a record of influenza vaccinations, retain each signed attestation and declination statement, and report to the Department of Health (DOH) the percentage vaccination rate of its health care workforce receiving influenza vaccinations, as part of the facility's program or by other means as attested to by the health care worker. Each facility would further be required to provide an education component to its influenza vaccination program, and annually evaluate the program with the goal of improving the rate of vaccination among its health care workers. A health care facility may suspend its annual offer of influenza vaccination in the event of a shortage of influenza vaccine as determined by the commissioner. The bill provides that any determination by the commissioner of noncompliance by a health care facility or a health care worker with the provisions of the bill would not constitute a licensure violation or deficiency for the purposes of P.L.1971, c.136 (C.26:2H-1 et seq.), or any rules and regulations adopted pursuant thereto. The bill directs the commissioner to seek to minimize any record-keeping burden on health care facilities and to take such actions as are necessary to ensure the confidentiality of any data furnished to DOH pursuant to the bill. The commissioner is further directed to make available to the public aggregate data reported by each facility regarding the vaccination rates at that facility. The commissioner is to report to the Governor and the Legislature, no later than August 1st of each year, on the vaccination rates of health care workers for the prior influenza season. The bill updates references to the Department of Health, change the dates regarding the influenza season so that the bill applies to the 2013-2014 influenza season, provide that an attestation by a health care worker would be acceptable proof of an influenza vaccination received other than at the facility, clarify that facilities would be required to report to DOH percentage vaccination rates (rather than "compliance" rates), clarify that the records maintained by the facility would provide for those workers who receive vaccinations other than at the facility, and direct that the commissioner make aggregate data reported by a facility available to the public.

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Joe Vitale (D)*, 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 02/08/2016)