Bill > S1003

Introduced Session

This bill requires health care facilities to annually offer influenza vaccination to their health care workers, commencing with the 2018-2019 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, a nursing home, or a home health care agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), and to any "health care worker," which is 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, except when the worker presents an attestation verifying that the worker has obtained a current influenza vaccination from another vaccination source, or when the worker signs a written statement declining vaccination. 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 would be authorized to 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.

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Joe Vitale (D)*, 

Substituted by A1576 (2R) (on 12/16/2019)