S2784

An Act concerning personal protective equipment in long-term care facilities 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, shall dedicate a percentage of the State Stockpile’s personal protective equipment and any personal protective equipment received from the federal “Strategic National Stockpile” to long-term care facilities in the State during public health emergencies.

b. Following a declaration of a public health emergency by the Governor, pursuant to P.L.2005, c.222, s.3, the commissioner, in consultation with the Director of the State Office of Emergency Management, shall determine the specific percentage allocation of personal protective equipment for long-term care facilities, based on the nature of the public health emergency, the total number of patients, and the average rate of personal protective equipment consumption in long-term care facilities.

c. The commissioner shall coordinate with local health departments and the New Jersey Office of Emergency Management County Coordinators to collect information on the total number of patients, the current inventory of personal protective equipment, and the average rate of personal protective equipment consumption in long-term care facilities and to distribute personal protective equipment to the long-term care facilities, based on a facility’s need and available supplies.

d. As used in this section:

“Commissioner” means Commissioner of Health.

"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.).

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

“State Stockpile” means the State managed asset containing a limited supply of pharmaceuticals and personal protective equipment dedicated for use during a public health emergency.

“Strategic National Stockpile” means the United States' national repository of antibiotics, vaccines, chemical antidotes, antitoxins and other critical medical equipment and supplies. In the event of a national emergency involving bioterrorism or a natural pandemic, the Strategic National Stockpile 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 P.L. , c. , (C. ) (pending before this Legislature as this bill).

3. This act shall take effect immediately.

STATEMENT

This bill requires the Commissioner of Health, in consultation with the Director of the State Office of Emergency Management, to dedicate a percentage of the State’s stockpiled personal protective equipment to long-term care facilities in the State during public health emergencies. This bill helps ensure that long-term care facilities have access to personal protective equipment during public health emergencies. Long-term care facilities face unique challenges during public health emergencies, as they often care for vulnerable patient populations and operate facilities with layouts that make it difficult to quarantine patients. During the COVID-19 pandemic of 2020, long-term care facilities accounted for a disproportionate amount of COVID-19 related deaths. Many facilities suffered from a lack of personal protective equipment, but the cost of personal protective equipment places an additional burden on an already financially constrained long-term care facility industry.

The commissioner, in consultation with the Director of the State Office of Emergency Management, will determine the specific percentage allocation of personal protective equipment for long-term care facilities, based on the nature of the public health emergency, the total number of patients, and the average rate of personal protective equipment consumption in long-term care facilities. The commissioner will also coordinate with local health departments and the New Jersey Office of Emergency Management County Coordinators to collect information on the total number of patients, the current inventory of personal protective equipment, and the average rate of personal protective equipment consumption in long-term care facilities and to distribute personal protective equipment to the long-term care facilities, based on a facility’s need and available supplies.