A BILL TO BE ENTITLED
AN ACT REQUIRING HOSPITALS TO PROVIDE THE INFLUENZA VACCINE AT NO COST TO ALL EMPLOYEES HAVING DIRECT PATIENT CONTACT, TO REPORT INFLUENZA VACCINATION RATES OF EMPLOYEES TO THE STATE, AND TO PROVIDE EDUCATION TO HOSPITAL EMPLOYEES ABOUT THE RISKS OF INFLUENZA AND BENEFITS OF IMMUNIZATION; AND TO REQUIRE NURSING HOMES AND ADULT CARE HOMES TO REPORT INFLUENZA VACCINATION RATES OF EMPLOYEES.
Whereas, influenza is a contagious respiratory illness caused by a virus; and
Whereas, influenza is the sixth leading cause of death for adults in the United States; and
Whereas, in hospitals and other health facilities, health care workers have daily contact with those patients most vulnerable to serious flu complications; and
Whereas, according to the Centers for Disease Control (CDC), unvaccinated health care workers can spread influenza and infect others before they themselves realize they are sick; and
Whereas, the influenza vaccine has been shown to be highly effective in preventing the flu for healthy individuals under age 65; and
Whereas the CDC recommends annual influenza vaccinations for health care workers; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 131D‑9 reads as rewritten:
"§ 131D‑9.  Immunization of employees and residents of adult care homes.
(a)	Except as provided in subsection (e) of this section, an adult care home licensed under this Article shall require residents and employees to be immunized annually against influenza virus and shall require residents to also be immunized against pneumococcal disease.
(b)	Upon admission, an adult care home shall notify the resident of the immunization requirements of this section and shall request that the resident agree to be immunized against influenza virus and pneumococcal disease.
(b1)	An adult care home shall notify every employee of the immunization requirements of this section and shall request that the employee agree to be immunized against the influenza virus.
(c)	An adult care home shall document the annual immunization against influenza virus and the immunization against pneumococcal disease for each resident and each employee, as required under this section and shall report influenza  vaccination rates of its employees to the Department as part of the Department's quality control programs.
 Upon finding that a resident is lacking one or both of these immunizations or that an employee has not been immunized against influenza virus, or if the adult care home is unable to verify that the individual has received the required immunization, the adult care home shall provide or arrange for immunization. The immunization and documentation required shall occur not later than November 30 of each year. 
(d)	For an individual who becomes a resident of or who is newly employed by the adult care home after November 30 but before March 30 of the following year, the adult care home shall determine the individual's status for the immunizations required under this section, and if found to be deficient, the adult care home shall provide the immunization.
(e)	No individual shall be required to receive vaccine under this section if the vaccine is medically contraindicated, or if the vaccine is against the individual's religious beliefs, or if the individual refuses the vaccine after being fully informed of the health risks of not being immunized.
(f)	Notwithstanding any other provision of law to the contrary, the Medical Care Commission shall adopt rules to implement the immunization requirements of this section.
(g)	As used in this section, "employee" means an individual who is a part‑time, full‑time, or temporary employee of the adult care home and whose duties include direct contact with adult care home residents."
SECTION 2.  G.S. 131E‑113 reads as rewritten:
"§ 131E‑113.  Immunization of employees and residents.
(a)	Except as provided in subsection (e) of this section, a nursing home licensed under this Part shall require residents and employees to be immunized against influenza virus and shall require residents to also be immunized against pneumococcal disease.
(b)	Upon admission, a nursing home shall notify the resident of the immunization requirements of this section and shall request that the resident agree to be immunized against influenza virus and pneumococcal disease.
(b1)	A nursing home shall notify every employee of the immunization requirements of this section and shall request that the employee agree to be immunized against influenza virus.
(c)	A nursing home shall document the annual immunization against influenza virus and the immunization against pneumococcal disease for each resident and each employee, as required under this section and shall report influenza vaccination rates for its employees to the Department as part of the Department's quality control programs.
 Upon finding that a resident is lacking one or both of these immunizations or that an employee has not been immunized against influenza virus, or if the nursing home is unable to verify that the individual has received the required immunization, the nursing home shall provide or arrange for immunization. The immunization and documentation required shall occur not later than November 30 of each year.
(d)	For an individual who becomes a resident of or who is newly employed by the nursing home after November 30 but before March 30 of the following year, the nursing home shall determine the individual's status for the immunizations required under this section, and if found to be deficient, the nursing home shall provide the immunization.
(e)	No individual shall be required to receive vaccine under this section if the vaccine is medically contraindicated, or if the vaccine is against the individual's religious beliefs, or if the individual refuses the vaccine after being fully informed of the health risks of not being immunized.
(f)	Notwithstanding any other provision of law to the contrary, the Medical Care Commission shall adopt rules to implement the immunization requirements of this section.
(g)	As used in this section, "employee" means an individual who is a part‑time, full‑time, or temporary employee of the nursing home and whose duties include direct contact with nursing home residents or patients."
SECTION 3.  Article 5 of Chapter 131E of the General Statutes is amended by adding the following new section to read:
"§ 131E‑79.2.  Immunization of employees.
(a)	Except as provided in subsection (e) of this section, and to the extent vaccines are available, a hospital licensed under this Part shall require all employees with direct patient contact to be immunized against influenza virus and shall make the influenza vaccine available to employees at no cost.
 (b)	A hospital shall notify every employee of the immunization requirements of this section and shall request that the employee agree to be immunized against influenza virus.
(c)	A hospital shall document the annual immunization against influenza virus for each employee, as required under this section and shall report influenza vaccination rates for its employees to the Department as part of the Department's quality control programs. Upon finding that an employee has not been immunized against influenza virus, or if the hospital is unable to verify that the employee has received the required immunization, the hospital shall provide or arrange for immunization at no cost to the employee. The immunization and documentation required shall occur not later than November 30 of each year.
(d)	For an individual who is newly employed by the hospital after November 30 but before March 30 of the following year, the hospital shall determine the individual's status for the immunization required under this section, and if found to be deficient, the hospital shall provide the immunization at no cost to the individual.
(e)	No individual shall be required to receive vaccine under this section if the vaccine is medically contraindicated, or if the vaccine is against the individual's religious beliefs, or if the individual refuses the vaccine after being fully informed of the health risks of not being immunized. A hospital shall provide education to its employees on the risks of influenza and the benefits of vaccination.
(f)	Notwithstanding any other provision of law to the contrary, the Medical Care Commission shall adopt rules to implement the immunization requirements of this section.
(g)	As used in this section, "employee" means an individual who is a part‑time, full‑time, or temporary employee of the hospital and whose duties include direct contact with hospital patients."
SECTION 4.  This act becomes effective November 1, 2007.