Requirements to Prevent the Spread of Legionella

On July 6, 2016, the Public Health and Health Planning Council (PHHPC) and the Commissioner of Health formally adopted the regulations currently in effect relating to protections against the spread of Legionella bacteria. The previously-issued emergency regulations required all Article 28 general hospitals and residential health care facilities (RHCFs) (“covered facilities”) to develop a Legionella sampling plan for its facilities’ potable water distribution system and take necessary actions to protect the safety of their patients or residents.

The final adopted regulations are substantially similar to the DOH-issued guidance and should not result in significant changes to your facility’s policies and procedures developed in 2015 as required by the emergency regulations.

Hinman Straub (LeadingAge NY Legal Counsel) has provided the text of the final rule, a memorandum providing an overview of the initial emergency regulations, a DOH-issued “Health Advisory on Prevention and Control of Legionellosis (Legionnaires’ disease) in Healthcare Facilities,” and a DOH PowerPoint presentation entitled “Nursing Home Guidance for Prevention and Control of Legionnaires’ Disease.”

Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8832