Sub. H.B. 257

126th General Assembly

(As Passed by the House)

 

Reps.     Hagan, D. Evans, Strahorn, Ujvagi, Chandler, Allen, Barrett, Beatty, Brown, Calvert, Carano, Cassell, Combs, DeBose, Domenick, C. Evans, Faber, Fende, Flowers, Garrison, Harwood, Hughes, Martin, Mason, J. McGregor, Oelslager, T. Patton, Sayre, Schaffer, Seitz, S. Smith, D. Stewart, J. Stewart, Taylor, Widowfield, Yates, Yuko

BILL SUMMARY

·        Requires, with certain exceptions, that nursing homes and residential care facilities offer influenza and pneumococcal pneumonia vaccinations to all residents, in accordance with guidelines issued by the Advisory Committee on Immunization Practices of the U.S. Centers for Disease Control and Prevention.

·        Requires, with certain exceptions, that hospitals offer influenza and pneumococcal pneumonia vaccinations to patients, in accordance with the Advisory Committee's guidelines.

CONTENT AND OPERATION

Long-term care facilities and hospitals to offer influenza and pneumonia vaccines

(R.C. 3721.041 and 3727.19)

The bill requires that nursing homes and residential care facilities[1] offer all residents vaccinations against influenza and pneumococcal pneumonia.  The influenza vaccination must be offered on an annual basis.  Both types of vaccinations must be in accordance with guidelines issued by the Advisory Committee on Immunization Practices of the U.S. Centers for Disease Control and Prevention (CDC).  The bill requires that the vaccines offered be of a form approved by the Advisory Committee for that calendar year.

In the case of hospitals, the bill requires that each hospital offer to each patient admitted to the hospital vaccination against influenza and pneumococcal pneumonia.  The vaccinations must be offered in accordance with guidelines issued by the Advisory Committee.  The bill requires that the vaccines be of a form approved by the Advisory Committee for that calendar year.

Exceptions

Under the bill a nursing home, residential care facility, or hospital is not required to offer a resident or patient vaccination against influenza or pneumococcal pneumonia if a physician has determined that vaccination is medically inappropriate.  A nursing home or residential care facility is also not required to offer a resident vaccination against pneumococcal pneumonia if the resident has already received the vaccination.  The bill provides that a resident or patient may refuse vaccination.

Rule-making

The bill allows the Director of Health to adopt rules as the Director considers appropriate for the bill's implementation.  The rules are to be adopted under the Administrative Procedure Act (R.C. Chapter 119.).

HISTORY

ACTION

DATE

 

 

Introduced

05-17-05

Reported, H. Health

10-06-05

Passed House (94-1)

10-25-05

 

 

 

h0257-ph-126.doc/kl



[1] A nursing home is a long-term care facility that receives and cares for at least three unrelated individuals who require skilled nursing care because of illness or physical or mental impairment and individuals who require personal care services but not skilled nursing care.  A residential care facility is a long-term care facility that provides accommodations for 17 or more unrelated individuals and supervision and personal care services for three or more of those individuals who are dependent on the services of others by reason of age or physical or mental impairment.  A facility is also a residential care facility if it provides accommodations for three or more unrelated individuals who require certain specialized services.  (R.C. 3721.01 and 3721.011.)