6/2/10 N.Y. St. Reg. HLT-49-09-00005-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 405.3, 405.9, 405.10, 415.26, 751.6, 763.13, 766.11 and 793.5 of Title 10 NYCRR.
Statutory authority:
Public Health Law, sections 2800, 2803, 3612 and 4010
Subject:
Personnel Health Amendments and Medicare Conditions of Participation.
Purpose:
Allow but not require facilities to use FDA approved Blood Assay for TB testing in place of the tuberculin skin test, etc.
Text or summary was published
in the December 9, 2009 issue of the Register, I.D. No. HLT-49-09-00005-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of House Counsel, Regulatory Affairs Unit, Room 2438, ESP, Tower Building, Albany, NY 12237, (518) 473-7488, email:
regsqna@health.state.ny.usAssessment of Public Comment
The Public comment period ended on January 23, 2010 and the Department received 2 comments.
The first comment was received from the New York State Association of Health Care Providers, Inc. and was in support of this proposal.
The second comment was received from the Healthcare Association of New York State. This comment was in support, but requested that all physicians, and not just those who practice from a remote location outside of New York State, be exempted from the personnel health assessment and immunization requirements. The Department considered this request, but believes that New York State physicians may spend some time, on occasion, in the health care facilities even if not directly caring for patients one on one. It may be difficult for a hospital to make a clear delineation of which providers are exempt and which must meet these requirements.
A change will not be made to these provisions.
