[Third Reprint]

SENATE, No. 2784

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED JULY 30, 2020

Sponsored by:

Senator  JOSEPH P. CRYAN

District 20 (Union)

Senator  PAUL A. SARLO

District 36 (Bergen and Passaic)

Co-Sponsored by:

Senators Diegnan, Greenstein, Pou and Ruiz

SYNOPSIS

     Dedicates personal protective equipment to long-term care facilities, home health agencies, hospice care providers, health care service firms, PACE programs, and certain community-based providers during public health emergency.

CURRENT VERSION OF TEXT

     As amended by the Senate on September 24, 2020.

An Act concerning ¹the dedication of¹ personal protective equipment ¹[in] to¹ long-term care facilities ³[facilities]^{3 1}, home health agencies, ²hospice care providers, health care service firms,^{2 3}PACE programs,³ and certain community-based providers¹ during a public health emergency and supplementing chapter 13 of Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    a.  The Commissioner of Health, in consultation with the Director of the State Office of Emergency Management ¹in the New Jersey Division of State Police¹ ,  shall ¹, during a public health emergency,¹ dedicate a percentage of ²[the] any^{2 1}personal protective equipment ²[in] as² the¹ State ¹[Stockpile’s personal protective equipment] ²or a department, division, agency, office, or other entity of State government may elect to² stockpile^{1 2}in response to the public health emergency or for any other reason² and ², consistent with any federal rules, guidance, and directives as may apply to the distribution of the personal protective equipment,² any personal protective equipment received from the federal ¹[“]¹Strategic National Stockpile¹[”]¹ to¹:  (1)¹ long-term care facilities ¹[in the State during public health emergencies]¹; (2) home health agencies; ²(3) hospice care providers; (4) health care service firms;^{2 3}(5) PACE programs;³ and ²[(3)] ³[(5)²] (6)³ community-based providers that employ ²or place² direct support professionals in group homes.  The amount of personal protective equipment that is dedicated to long-term care facilities, home health agencies, ²hospice care programs, health care service firms,^{2 3}PACE programs,³ and community-based providers under this section shall be sufficient to meet the needs of those facilities, agencies, ³programs,³ and providers to the greatest extent possible, given the available stockpiled supplies¹.

     b.    Following a declaration of a public health emergency by the Governor, pursuant to ¹section 3 of¹ P.L.2005, c.222¹[, s.3] (C.26:13-3)¹, the commissioner, in consultation with the Director of the State Office of Emergency Management, shall ²develop a formula or other methodology to² determine the specific percentage ¹[allocation]¹ of personal protective equipment ¹[for] to be allocated to¹ long-term care facilities¹, home health agencies, ²hospice care providers, health care service firms,^{2 3}PACE programs,³ and community-based providers under this section¹, ²[based on] which formula shall account for² the nature of the public health emergency, the total number of ¹[patients] current long-term care facility residents, home health agency ²and health care service firm² consumers, ²hospice care patients,^{2 3}enrollees of PACE programs,³ and residents of community-based group homes¹, ²Statewide demand for personal protective equipment,² and the average rate of personal protective equipment consumption ¹[in] by¹ long-term care facilities ¹, home health agencies, ²hospice care programs, health care service firms,^{2 3}PACE programs,³ and community-based providers^{1 2}, which rate of consumption may be adjusted to account for nominal consumption rates and surges in consumption rates during the public health emergency².

     c.     The commissioner shall coordinate with ²[local health departments and] the State Office of Emergency Management,² the ¹county coordinators for the^{1 2}[New Jersey] State² Office of Emergency Management ², and the Long-Term Care Emergency Operations Center established pursuant to section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as Senate Bill No. 2790 and Assembly Bill No. 4476 of 2020-2021)^{2 1}[County Coordinators]¹ to¹:

(1)^{1 2}[collect information on] determine² the total number of ¹[patients] current long-term care facility residents, home health agency ²and health care service firm² consumers, ²hospice care patients^{2 3}enrollees in PACE programs,³ and residents of community-based group homes¹ , the current inventory of personal protective equipment ¹in the State stockpile, ²if any,² as well as the inventory that is currently available at each long-term care facility, home health agency, ²hospice care program, health care service firm,^{2 3}PACE program,³ and community-based provider¹, and the average rate of personal protective equipment consumption ¹[in] by¹ long-term care facilities ¹, home health agencies, ²hospice care providers, health care service firms^{2 3}, PACE programs,³ and community-based providers;¹ and ¹[to]

(2)^{1 2}in coordination with county coordinators for the State Office of Emergency Management or other entities as may be appropriate and available for this purpose,² distribute personal protective equipment to the long-term care facilities¹, home health agencies, ²hospice care providers, health care service firms,^{2 3}PACE programs,³ and community-based providers¹, based on ¹[a facility’s] each entity’s¹ need and ¹the¹ available ¹stockpiled¹ supplies.

     d.    As used in this section:

     “Commissioner” means Commissioner of Health.

¹“Home health agency” means a home health care provider that is certified to participate either as a home health agency under Title XVIII of the Social Security Act, 42 U.S.C.1395 et seq., or as a proprietary agency licensed by the Commissioner of Health.¹

     "Long-term care facility" means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

³“PACE program” means the "Program of All-Inclusive Care for the Elderly," operated by a public, private, nonprofit, or proprietary entity, as permitted by federal law.³

     “Personal protective equipment” means any items commonly used to protect an individual from bacterial or viral infections, including, but not ¹[necessarily]¹ limited to, disinfecting wipes, disposable gloves, disposable gowns, face shields, ¹[facemasks, portable respirators, medical equipment] N95 face masks¹, ²surgical masks,² or parts thereof.

²[“State ¹[Stockpile] stockpile¹” means ¹[State managed asset] State-managed stockpile¹ containing a limited supply of pharmaceuticals and personal protective equipment dedicated for use during a public health emergency.]²

     “Strategic National Stockpile” means the United States' national repository of antibiotics, vaccines, chemical antidotes, antitoxins¹,^{1 2}personal protective equipment, critical medical equipment² and other ²[critical]² medical equipment and supplies¹[. In], which, in¹ the event of a national emergency involving bioterrorism or a natural pandemic, ¹[the Strategic National Stockpile]¹ has the capability to supplement and re-supply local health authorities that may be overwhelmed by the crisis.

     2.    The Commissioner of Health shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of ¹[P.L.    , c.    , (C.        ) (pending before this Legislature as this bill)] this act¹.

     3.    This act shall take effect immediately.