Bill Text: NY A08647 | 2009-2010 | General Assembly | Amended
Bill Title: Establishes the transition authorization panel demonstration program to evaluate an approach to secure decisions relating to the transition of isolated patients from inpatient care to post-acute care; creates three-person panels which will authorize the transition of eligible patients from participating hospital to post-acute care; authorizes transition-related financial arrangements; sets forth provisions relating to the composition, duties, and powers of such panels; provides for the repeal of such provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-06-17 - print number 8647c [A08647 Detail]
Download: New_York-2009-A08647-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8647--C
2009-2010 Regular Sessions
I N A S S E M B L Y
June 2, 2009
___________
Introduced by M. of A. CANESTRARI, GORDON -- read once and referred to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Health in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- reported and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to establishing a
demonstration program to study transition authorization panels as an
approach to secure decisions regarding the transition of incapable
patients who do not have legally authorized decisionmakers from inpa-
tient care to post-acute care; and providing for the repeal of such
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The legislature finds and declares that in many instances
2 there are hospital patients who are medically ready to transition to a
3 different level of care, such as nursing home care, home care or
4 assisted living, but they lack capacity to authorize the transition, and
5 also lack a family member or other person who can authorize the transi-
6 tion on their behalf. As a result, such patients can be subject to inor-
7 dinate delays in accomplishing a needed transition, and can remain as
8 hospital inpatients for long periods. That delay is harmful to the
9 interests of those patients, as well as to other persons who may need
10 the scarce inpatient resources, to hospitals, to payors and to the
11 public in general.
12 The legislature further finds that while article 81 of the mental
13 hygiene law provides a procedure for the court-appointment of guardians
14 who could be empowered to authorize transition for such patients, such
15 procedure was designed for longer-term assistance with an incapacitated
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11971-08-0
A. 8647--C 2
1 person's personal and property affairs, and includes features that often
2 go beyond what is needed for transition-related decisions alone. As a
3 result, the guardianship proceeding can require far more time, effort
4 and expense than is warranted for this limited, non-contested decision.
5 Accordingly, the legislature finds that it would be valuable to study
6 an alternative approach to secure decisions relating to the transition
7 of isolated incapable patients from inpatient care to post-acute care.
8 Specifically, the transition authorization panel demonstration program
9 shows promise as means to protect the rights and interests of incapable
10 patients in the transition decision, while allowing such decisions to be
11 made within a reasonable timeframe.
12 S 2. The public health law is amended by adding a new section 2803-s
13 to read as follows:
14 S 2803-S. TRANSITION AUTHORIZATION PANEL DEMONSTRATION PROGRAM. 1.
15 THERE IS HEREBY ESTABLISHED A TRANSITION AUTHORIZATION PANEL DEMON-
16 STRATION PROGRAM, CONDUCTED AT SIX PROGRAM SITES, TO EVALUATE AN
17 APPROACH TO SECURE DECISIONS RELATING TO THE TRANSITION OF ISOLATED
18 PATIENTS FROM INPATIENT CARE TO POST-ACUTE CARE.
19 2. AS USED IN THIS SECTION:
20 (A) "ELIGIBLE PATIENT" MEANS AN INPATIENT AT A PARTICIPATING HOSPITAL
21 WHO, ACCORDING TO THE PATIENT'S ATTENDING PHYSICIAN:
22 (I) IS READY TO BE DISCHARGED AS AN INPATIENT, BUT NEEDS TO BE TRANSI-
23 TIONED TO POST-ACUTE CARE;
24 (II) LACKS CAPACITY TO CONSENT TO THE DISCHARGE AND TO ADMISSION TO
25 POST-ACUTE CARE;
26 (III) DOES NOT HAVE A GUARDIAN, HEALTH CARE AGENT OR POWER OF ATTOR-
27 NEY, OR A FAMILY MEMBER, FRIEND OR OTHER REPRESENTATIVE WHO IS REASON-
28 ABLY AVAILABLE AND WILLING TO MAKE A TRANSITION DECISION ON HIS OR HER
29 BEHALF, WHOSE CONSENT WOULD BE ACCEPTED BY A PROPOSED POST-ACUTE CARE
30 PROVIDER, AND WHO IS LEGALLY AUTHORIZED TO MAKE ALL REQUIRED TRANSI-
31 TION-RELATED FINANCIAL ARRANGEMENTS;
32 (IV) HAS A DISCHARGE PLAN THAT IDENTIFIES AN APPROPRIATE POST-ACUTE
33 CARE PROVIDER THAT IS OR MAY BE WILLING TO ADMIT THE PATIENT IF A TRAN-
34 SITION AUTHORIZATION PANEL WERE TO AUTHORIZE THE TRANSITION AND, IF
35 NECESSARY, MAKE TRANSITION-RELATED FINANCIAL ARRANGEMENTS; AND
36 (V) HAS NOT EXPRESSED AN OBJECTION TO ANY OF THE FOREGOING FINDINGS OR
37 TO BEING TRANSITIONED TO THE PROPOSED POST-ACUTE FACILITY OR SERVICE OR,
38 IF APPLICABLE, THE PROPOSED TRANSITION-RELATED FINANCIAL ARRANGEMENTS;
39 (B) "PARTICIPATING HOSPITAL" MEANS ANY OF THE FOLLOWING HOSPITALS,
40 UPON THE CHIEF EXECUTIVE OFFICER OF THE HOSPITAL NOTIFYING THE COMMIS-
41 SIONER IN WRITING THAT THE HOSPITAL ELECTS TO BE A PARTICIPATING HOSPI-
42 TAL, AND UNTIL THE CHIEF EXECUTIVE OFFICER OF THE HOSPITAL NOTIFIES THE
43 COMMISSIONER IN WRITING THAT THE HOSPITAL ELECTS TO CEASE BEING A
44 PARTICIPATING HOSPITAL:
45 (I) CROUSE HOSPITAL, SYRACUSE, NY.
46 (II) GLENS FALLS HOSPITAL, GLENS FALLS, NY.
47 (III) MEMORIAL HOSPITAL, ALBANY, NY.
48 (IV) SAMARITAN HOSPITAL, TROY, NY.
49 (V) UNIVERSITY OF ROCHESTER MEDICAL CENTER, ROCHESTER, NY.
50 (VI) WYCKOFF HEIGHTS MEDICAL CENTER, BROOKLYN, NY.
51 (C) "POST-ACUTE CARE" MEANS CARE PROVIDED BY A RESIDENTIAL HEALTH CARE
52 FACILITY, TRANSITIONAL CARE UNIT, HOME CARE SERVICES, ASSISTED LIVING
53 PROGRAM, ADULT CARE FACILITY, HOSPICE, AND AN INPATIENT TREATMENT FACIL-
54 ITY OR RESIDENTIAL FACILITY LICENSED OR OPERATED BY THE OFFICE OF ALCO-
55 HOLISM AND SUBSTANCE ABUSE SERVICES, THE OFFICE OF MENTAL HEALTH OR THE
56 OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, OR AN INPA-
A. 8647--C 3
1 TIENT TREATMENT FACILITY OR RESIDENTIAL FACILITY LICENSED BY A HEALTH,
2 MENTAL HYGIENE OR SOCIAL SERVICES AGENCY OF ANOTHER STATE.
3 (D) "TRANSITION AUTHORIZATION" MEANS A DECISION, MADE BY A TRANSITION
4 AUTHORIZATION PANEL PURSUANT TO THIS SECTION, TO AUTHORIZE THE TRANSI-
5 TION OF AN ELIGIBLE PATIENT FROM A PARTICIPATING HOSPITAL TO A SPECIFIC
6 POST-ACUTE CARE PROVIDER, AND "AUTHORIZE A TRANSITION" OR "AUTHORIZE THE
7 TRANSITION" MEANS TO MAKE SUCH DECISION.
8 (E) "TRANSITION AUTHORIZATION PANEL AGENT" OR "AGENT" MEANS AN INDI-
9 VIDUAL AUTHORIZED BY THE TRANSITION AUTHORIZATION PANEL TO CARRY OUT
10 TRANSITION RELATED FINANCIAL ARRANGEMENTS.
11 (F) "TRANSITION AUTHORIZATION PANEL" OR "PANEL" MEANS A THREE-PERSON
12 PANEL, CONVENED PURSUANT TO THIS SECTION, TO AUTHORIZE THE TRANSITION OF
13 AN ELIGIBLE PATIENT FROM A PARTICIPATING HOSPITAL TO A POST-ACUTE CARE
14 PROVIDER, AND TO MAKE TRANSITION-RELATED FINANCIAL ARRANGEMENTS.
15 (G) "TRANSITION AUTHORIZATION PANEL POOL" MEANS THE FULL POOL OF
16 PERSONS QUALIFIED AND DESIGNATED TO SERVE ON TRANSITION AUTHORIZATION
17 PANELS AT A PROGRAM SITE.
18 (H) "TRANSITION-RELATED FINANCIAL ARRANGEMENTS" MEANS ACTS NECESSARY:
19 (I) TO EXPEND THE ELIGIBLE PATIENT'S FUNDS FOR POST-ACUTE CARE FOR ONE
20 HUNDRED TWENTY DAYS OR UNTIL THE COURT APPOINTMENT OF A GUARDIAN OF THE
21 PROPERTY PURSUANT TO ARTICLE EIGHTY-ONE OF THE MENTAL HYGIENE LAW,
22 WHICHEVER OCCURS FIRST.
23 (II) TO APPLY FOR THE ELIGIBLE PATIENT'S ENROLLMENT IN MEDICAID OR
24 MEDICARE.
25 (III) TO ACCESS FINANCIAL INFORMATION ABOUT THE ELIGIBLE PATIENT FROM
26 FINANCIAL INSTITUTIONS TO THE EXTENT NECESSARY FOR THE PURPOSES SET
27 FORTH IN SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH.
28 (I) "FINANCIAL INSTITUTION" MEANS A FINANCIAL INSTITUTION AS DEFINED
29 IN SUBDIVISION FIVE OF SECTION 5-1501 OF THE GENERAL OBLIGATIONS LAW.
30 (J) "ADMINISTRATOR" MEANS THE ADMINISTRATOR OF THE PROGRAM FOR THE
31 PARTICIPATING HOSPITAL DESIGNATED UNDER SUBDIVISION THREE OF THIS
32 SECTION.
33 3. EACH PARTICIPATING HOSPITAL SHALL:
34 (A) DESIGNATE A PERSON AS ADMINISTRATOR OF THE PROGRAM WITH RESPECT TO
35 THAT PROGRAM SITE;
36 (B) CARRY OUT, AND BEAR THE COSTS OF, THE ADMINISTRATIVE RESPONSIBIL-
37 ITIES OF THE PROGRAM AS SET FORTH IN THIS SECTION, WITH RESPECT TO THAT
38 PROGRAM SITE; AND
39 (C) CREATE AND MAINTAIN RECORDS OF (I) ALL REQUESTS, PANELS CONVENED
40 AND ACTIONS TAKEN PURSUANT TO THIS SECTION, AND (II) ALL TRANSITION-RE-
41 LATED FINANCIAL ARRANGEMENTS MADE PURSUANT TO THIS SECTION. SUCH
42 RECORDS SHALL BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
43 4. (A) A PARTICIPATING HOSPITAL MAY CREATE A TRANSITION AUTHORIZATION
44 PANEL POOL AT A PROGRAM SITE, WHICH SHALL HAVE THREE CLASSES OF MEMBERS:
45 (I) ONE CLASS OF MEMBERS SHALL BE QUALIFIED PERSONS DESIGNATED BY THE
46 HOSPITAL;
47 (II) ONE CLASS OF MEMBERS SHALL BE QUALIFIED PERSONS DESIGNATED BY THE
48 LOCAL SOCIAL SERVICES COMMISSIONER; AND
49 (III) ONE CLASS OF MEMBERS SHALL BE QUALIFIED PERSONS DESIGNATED BY
50 THE NEW YORK STATE OFFICE OF LONG TERM CARE OMBUDSMAN.
51 (B) FOR THE PURPOSES OF THIS SUBDIVISION, "QUALIFIED PERSONS" MEANS
52 ADULT PERSONS WITH RECOGNIZED EXPERTISE OR DEMONSTRATED INTEREST IN THE
53 CARE AND TREATMENT OF HOSPITAL AND POST-ACUTE CARE PATIENTS, AND WHO CAN
54 BE EXPECTED TO APPLY THE STANDARDS OF THIS SECTION IN GOOD FAITH AND IN
55 THE BEST INTERESTS OF THE ELIGIBLE PATIENT.
A. 8647--C 4
1 (C) THE PARTICIPATING HOSPITAL AND THE LOCAL SOCIAL SERVICES COMMIS-
2 SIONER SHALL JOINTLY APPOINT ONE MEMBER AS CHAIR OF THE TRANSITION
3 AUTHORIZATION PANEL POOL.
4 5. (A) THE REVIEW OF REQUESTS FOR TRANSITION AUTHORIZATION AND FOR
5 TRANSITION-RELATED FINANCIAL ARRANGEMENTS SHALL BE UNDERTAKEN BY PANELS
6 OF THREE MEMBERS DRAWN FROM THE TRANSITION AUTHORIZATION PANEL POOL, ONE
7 FROM EACH CLASS. THE PARTICIPATING HOSPITAL SHALL APPOINT ONE MEMBER AS
8 PANEL CHAIR.
9 (B) NO PERSON WHO IS A HEALTH CARE PROFESSIONAL ACTIVELY INVOLVED IN
10 THE TREATMENT OF THE PATIENT WHOSE CASE IS UNDER CONSIDERATION BY A
11 PANEL MAY SERVE ON THE PANEL WITH RESPECT TO SUCH PATIENT, ALTHOUGH
12 OTHER HOSPITAL PERSONNEL MAY SERVE ON THE PANEL IF OTHERWISE QUALIFIED.
13 6. (A) THE ATTENDING PHYSICIAN OF AN ELIGIBLE PATIENT MAY REQUEST THAT
14 A PANEL BE CONVENED BY SUBMITTING A WRITTEN REQUEST TO THE ADMINISTRA-
15 TOR. THE REQUEST MUST:
16 (I) INDICATE THAT IT IS A REQUEST FOR THE PANEL TO AUTHORIZE THE TRAN-
17 SITION OF THE PATIENT TO POST-ACUTE CARE AND, IF APPLICABLE, TO MAKE
18 TRANSITION-RELATED FINANCIAL ARRANGEMENTS;
19 (II) SET FORTH THE REASONS FOR BELIEVING THAT THE PATIENT IS AN ELIGI-
20 BLE PATIENT; AND
21 (III) SET FORTH THE PROPOSED POST-ACUTE CARE PROVIDER (OR PROVIDERS,
22 IF APPLICATIONS HAVE OR WILL BE MADE TO MORE THAN ONE);
23 (B) UPON RECEIPT OF THE REQUEST, THE ADMINISTRATOR MAY EITHER DECLINE
24 THE REQUEST AND NOTIFY THE ATTENDING PHYSICIAN OF THE REASON WHICH MAY
25 INCLUDE BUT NOT BE LIMITED TO THE FACT THAT ALTHOUGH THE PATIENT IS
26 ELIGIBLE, A TRANSITION CAN BE ACCOMPLISHED WITHOUT THE NEED TO CONVENE
27 THE PANEL, OR ELSE TAKE THE FOLLOWING STEPS TO CONVENE THE PANEL:
28 (I) SET A TIME, DATE AND PLACE FOR THE TRANSITION AUTHORIZATION PANEL
29 TO REVIEW THE REQUEST. SUCH REVIEW MAY BE SCHEDULED FOR ANY TIME AND
30 DATE AT LEAST THREE DAYS AFTER THE REQUEST AND NOTICE IS SENT AS
31 PROVIDED IN THIS PARAGRAPH; HOWEVER, THE REVIEW SHALL BE HELD EARLIER OR
32 LATER THAN THE DATE SET FORTH IN THE NOTICE IF ALL PERSONS WHO ARE ENTI-
33 TLED TO NOTICE, AS SET FORTH IN THIS PARAGRAPH, AGREE, IN WRITING OR
34 VERBALLY (AS DOCUMENTED BY THE ADMINISTRATOR), TO THE TIME, PLACE AND
35 DATE OF THE REVIEW.
36 (II) SEND A COPY OF THE REQUEST AND NOTICE, BY HAND, MAIL, FAX OR
37 E-MAIL, TO THE FOLLOWING PERSONS:
38 (A) THREE MEMBERS OF THE TRANSITION AUTHORIZATION PANEL POOL, ONE FROM
39 EACH CLASS, SELECTED BY THE POOL CHAIR, WHO ARE WILLING AND ABLE TO
40 SERVE AS A PANEL FOR THE PURPOSE OF THIS REVIEW;
41 (B) THE PATIENT, IF THERE IS ANY INDICATION OF THE PATIENT'S ABILITY
42 TO COMPREHEND SUCH NOTICE;
43 (C) TO A FAMILY MEMBER OR FRIEND OF THE PATIENT WHO MAY BE REASONABLY
44 AVAILABLE AND WILLING TO MAKE A TRANSITION DECISION ON HIS OR HER
45 BEHALF, IF THERE IS ANY SUCH PERSON;
46 (D) IF THE PATIENT WAS ADMITTED FROM A FACILITY OR RESIDENCE LICENSED
47 BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE OR MENTAL RETARDATION AND
48 DEVELOPMENTAL DISABILITIES, TO THE FACILITY DIRECTOR AND TO THE MENTAL
49 HYGIENE LEGAL SERVICES OFFICE UNDER ARTICLE FORTY-SEVEN OF THE MENTAL
50 HYGIENE LAW; AND
51 (E) TO THE PATIENT'S ATTENDING PHYSICIAN.
52 (III) PROVIDE NOTICE TO THE PATIENT AND TO MENTAL HYGIENE LEGAL
53 SERVICES WHICH SHALL INFORM THE PATIENT THAT HE OR SHE WILL BE AFFORDED
54 AN OPPORTUNITY TO ADDRESS THE PANEL, MAY BE PRESENT FOR ANY OTHER
55 ADDRESSES MADE TO THE PANEL, AND MAY BE PRESENT FOR OTHER PARTS OF THE
A. 8647--C 5
1 PANEL REVIEW AS THE CHAIR MAY PERMIT, BUT THAT HE OR SHE WILL NOT BE
2 PERMITTED TO BE PRESENT DURING THE PANEL'S DELIBERATION.
3 (IV) PROVIDE NOTICE TO PERSONS DESCRIBED IN CLAUSES (B) THROUGH (E) OF
4 SUBPARAGRAPH (II) OF THIS PARAGRAPH WHICH SHALL INFORM THE PERSON THAT
5 HE OR SHE WILL BE AFFORDED AN OPPORTUNITY TO ADDRESS THE PANEL, AND MAY
6 BE PRESENT FOR SUCH OTHER PARTS OF THE PANEL REVIEW AS THE CHAIR MAY
7 PERMIT, THAT THE PATIENT AND MENTAL HYGIENE LEGAL SERVICES (WHEN REPRES-
8 ENTING A PATIENT) MAY BE PRESENT WHEN ANY OTHER PERSON ADDRESSES THE
9 PANEL, AND THAT NO PERSON DESCRIBED IN CLAUSES (B) THROUGH (E) OF
10 SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL BE PERMITTED TO BE PRESENT
11 DURING THE PANEL'S DELIBERATION.
12 7. (A) PRIOR TO OR DURING THE REVIEW, THE PANEL CHAIR MAY REQUEST AND,
13 NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, SHALL BE ENTITLED TO
14 RECEIVE FROM ANY HEALTH CARE PROVIDER AND DISCLOSE TO THE PANEL ANY
15 INFORMATION WHICH IS RELEVANT TO THE PANEL'S REVIEW. INFORMATION WHICH
16 IS CONFIDENTIAL, AS PROVIDED FOR BY LAW, SHALL BE KEPT CONFIDENTIAL BY
17 THE PANEL AND ANY LIMITATIONS ON THE FURTHER RELEASE THEREOF IMPOSED BY
18 LAW UPON THE PARTY FURNISHING THE INFORMATION SHALL APPLY TO THE PANEL.
19 (B) THE PANEL SHALL MEET IN PERSON OR BY VIDEO CONFERENCE TO CONDUCT
20 ITS REVIEW.
21 (C) THE PANEL CHAIR MAY REQUEST THE ATTENDANCE AT THE REVIEW OF ANY
22 PERSON WHO MIGHT ASSIST THE PANEL IN ITS REVIEW.
23 (D) THE PATIENT AND MENTAL HYGIENE LEGAL SERVICES (WHEN REPRESENTING A
24 PATIENT) MAY BE PRESENT WHEN ANY OTHER PERSON ADDRESSES THE PANEL.
25 (E) WHERE PRACTICABLE, THE PANEL MEMBERS SHALL PERSONALLY INTERVIEW
26 AND OBSERVE THE PATIENT PRIOR TO MAKING THEIR DECISION.
27 (F) NO PERSON DESCRIBED IN CLAUSES (B) THROUGH (E) OF SUBPARAGRAPH
28 (II) OF PARAGRAPH (B) OF SUBDIVISION SIX OF THIS SECTION SHALL BE
29 PERMITTED TO BE PRESENT DURING THE PANEL DELIBERATION.
30 (G) THE PANEL CHAIR MAY ADJOURN AND RECONVENE THE PANEL AS NECESSARY.
31 (H) THE ADMINISTRATOR SHALL ARRANGE FOR MINUTES TO BE TAKEN AND MAIN-
32 TAINED OF ANY PANEL MEETING, BUT NO RECORDING OR TRANSCRIPTION SHALL BE
33 REQUIRED.
34 (I) IN ITS REVIEW, THE PANEL SHALL CONSIDER WHETHER THE PROPOSED TRAN-
35 SITION IS TO A FACILITY OR PROGRAM THAT APPEARS ABLE (I) TO MEET THE
36 PATIENT'S NEEDS, AND (II) TO DO SO IN THE LEAST RESTRICTIVE SETTING
37 REASONABLY AVAILABLE TO THE PATIENT.
38 8. (A) THE PANEL SHALL MAKE A DETERMINATION, BY MAJORITY VOTE, AS TO:
39 (I) WHETHER THE PATIENT IS AN ELIGIBLE PATIENT, (II) WHETHER TO AUTHOR-
40 IZE THE PROPOSED TRANSITION (PROVIDED THAT, IF THE PATIENT HAS A GUARDI-
41 AN, HEALTH CARE AGENT, SURROGATE OR OTHER REPRESENTATIVE WHO IS REASON-
42 ABLY AVAILABLE AND WILLING TO MAKE A TRANSITION DECISION ON HIS OR HER
43 BEHALF, BUT WHO IS NOT LEGALLY AUTHORIZED TO MAKE FINANCIAL ARRANGE-
44 MENTS, THEN SUCH PERSON AND NOT THE PANEL SHALL DECIDE WHETHER TO
45 AUTHORIZE THE PROPOSED TRANSITION), AND (III) WHETHER TO AUTHORIZE TRAN-
46 SITION-RELATED FINANCIAL ARRANGEMENTS. THE DETERMINATION SHALL BE SET
47 FORTH IN WRITING AND SHALL BE SIGNED BY THE CHAIR ON BEHALF OF THE
48 PANEL.
49 (B) IF THE PANEL DETERMINES TO AUTHORIZE THE PROPOSED TRANSITION
50 AND/OR TRANSITION-RELATED FINANCIAL ARRANGEMENTS, THE AUTHORIZATION
51 SHALL BE SET FORTH IN AN ORDER, SIGNED BY THE CHAIR ON BEHALF OF THE
52 PANEL. THE ORDER SHALL DESCRIBE THE SCOPE OF SUCH AUTHORIZATION AND, IF
53 IT AUTHORIZES TRANSITION-RELATED FINANCIAL ARRANGEMENTS, DESIGNATE A
54 TRANSITION AUTHORIZATION PANEL AGENT.
55 (C) THE DETERMINATION, AND THE ORDER IF THERE IS ONE, SHALL BE MADE
56 PART OF THE PATIENT'S MEDICAL RECORD.
A. 8647--C 6
1 (D) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE ADMINISTRATOR AND THE
2 AGENT SHALL DISCLOSE THE ORDER TO SUCH PERSONS AS NECESSARY FOR THE
3 PURPOSE OF CARRYING OUT ITS TERMS.
4 (E) THE ORDER AUTHORIZING THE PROPOSED TRANSITION SHALL BE, AND MAY BE
5 RELIED UPON BY THE PARTICIPATING HOSPITAL, BY POST-ACUTE CARE PROVIDERS,
6 BY FINANCIAL INSTITUTIONS, AND BY OTHER THIRD-PARTIES AS LEGAL AUTHORITY
7 FOR THEM TO PERFORM OR COOPERATE IN THE PERFORMANCE OF THE AUTHORIZED
8 ACTS, INCLUDING LEGAL AUTHORITY:
9 (I) FOR THE PARTICIPATING HOSPITAL TO DISCHARGE THE PATIENT;
10 (II) FOR THE POST-ACUTE CARE PROVIDER TO ADMIT THE PATIENT;
11 (III) FOR THE TRANSITION AUTHORIZATION PANEL AGENT TO MAKE TRANSI-
12 TION-RELATED FINANCIAL ARRANGEMENTS; AND
13 (IV) FOR MEDICAID, FINANCIAL INSTITUTIONS AND OTHER PARTIES TO PROVIDE
14 FINANCIAL AND OTHER PERSONAL INFORMATION ABOUT THE PATIENT RELATED TO
15 THE TRANSITION AND TRANSITION-RELATED FINANCIAL ARRANGEMENTS TO THE
16 ADMINISTRATOR OR AGENT, AND TO OTHERWISE COOPERATE IN THE TRANSITION-RE-
17 LATED FINANCIAL ARRANGEMENTS.
18 SUCH PARTIES SHALL BE IMMUNE FROM LIABILITY FOR ACTIONS TAKEN IN GOOD
19 FAITH AND REASONABLE RELIANCE UPON SUCH ORDER.
20 (F) A TRANSITION AUTHORIZATION PANEL AGENT, IN THE PERFORMANCE OF HIS
21 OR HER DUTIES UNDER THIS SECTION, SHALL BE DEEMED THE PERSONAL REPRESEN-
22 TATIVE OF THE PATIENT FOR PURPOSES OF FEDERAL REGULATIONS RELATING TO
23 THE PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION (HIPAA).
24 9. A PARTICIPATING HOSPITAL, THE LOCAL SOCIAL SERVICES DEPARTMENT, AND
25 ANY OTHER PERSON MAY, BUT SHALL NOT BE REQUIRED TO, ENTER INTO AN AGREE-
26 MENT WITH A POST-ACUTE CARE PROVIDER FOR SUCH HOSPITAL, DEPARTMENT, OR
27 OTHER PERSON TO PETITION FOR THE APPOINTMENT OF A GUARDIAN UNDER ARTICLE
28 EIGHTY-ONE OF THE MENTAL HYGIENE LAW FOR A PATIENT TRANSITIONED PURSUANT
29 TO THE ORDER OF A TRANSITION AUTHORIZATION PANEL, EITHER BEFORE OR AFTER
30 THE TRANSITION, AS A WAY TO PROVIDE FOR BROADER AND LONGER TERM DECI-
31 SIONMAKING AUTHORITY WITH RESPECT TO THE TRANSITIONED PATIENT. THE CHIEF
32 EXECUTIVE OFFICER OF A PARTICIPATING HOSPITAL, OR HIS OR HER DESIGNEE,
33 THAT ENTERS INTO SUCH AGREEMENT PRIOR TO THE PATIENT'S DISCHARGE SHALL
34 BE DEEMED TO HAVE THE AUTHORITY TO COMMENCE A PETITION UNDER PARAGRAPH
35 SEVEN OF SUBDIVISION (A) OF SECTION 81.06 OF THE MENTAL HYGIENE LAW.
36 10. NO PERSON SHALL BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY OR SANC-
37 TION BY A GOVERNMENTAL AGENCY FOR ACTIONS TAKEN REASONABLY AND IN GOOD
38 FAITH PURSUANT TO THIS ARTICLE (A) AS A MEMBER OR AGENT OF A TRANSITION
39 AUTHORIZATION PANEL, OR AS ADMINISTRATOR OF A TRANSITION AUTHORIZATION
40 PROGRAM; (B) DISCHARGING, TRANSFERRING OR ADMITTING A PATIENT FROM OR TO
41 A FACILITY PURSUANT TO AN ORDER OF A TRANSITION AUTHORIZATION PANEL; OR
42 (C) DISCLOSING FINANCIAL INFORMATION ABOUT A PATIENT OR DISBURSING
43 PATIENT FUNDS PURSUANT TO AN ORDER OF A TRANSITION AUTHORIZATION PANEL.
44 11. (A) THE ADMINISTRATOR OF EACH PANEL SHALL SUBMIT AN ANNUAL REPORT
45 TO THE COMMISSIONER, DUE WITHIN THIRTY DAYS OF EACH ANNIVERSARY OF THE
46 EFFECTIVE DATE OF THIS SECTION. THE REPORT SHALL SET FORTH:
47 (I) WITH RESPECT TO EACH REQUEST TO CONVENE BY A PANEL, THE TYPE OF
48 POST-ACUTE CARE REQUESTED; THE LENGTH OF TIME FROM THE DATE OF THE
49 REQUEST UNTIL (A) THE PANEL CONVENED, (B) THE PANEL ISSUED ITS DETERMI-
50 NATION, AND (C) THE PATIENT WAS DISCHARGED FROM THE PARTICIPATING HOSPI-
51 TAL (IF THE DETERMINATION APPROVED THE TRANSITION); THE CATEGORIES OF
52 PERSONS WHO ADDRESSED THE PANEL; THE NUMBER OF UNANIMOUS AND NON-UNANI-
53 MOUS PANEL VOTES; WHETHER THE ORDER CALLED FOR TRANSITION-RELATED FINAN-
54 CIAL ARRANGEMENTS AND IF SO WHETHER THOSE ARRANGEMENTS WERE SUCCESSFULLY
55 MADE; WHETHER THE PATIENT AND/OR FAMILY MEMBER OBJECTED TO THE PANEL'S
56 DECISION; AND ANY DATA OR OTHER INFORMATION AVAILABLE TO THE ADMINISTRA-
A. 8647--C 7
1 TOR REGARDING THE IMPACT OF THE DEMONSTRATION ON THE HOSPITAL'S AVERAGE
2 INPATIENT LENGTH OF STAY.
3 (II) AN EVALUATION BY THE PARTICIPATING HOSPITAL, THE LOCAL SOCIAL
4 SERVICES DEPARTMENT, AND THE NEW YORK STATE OFFICE OF LONG TERM CARE
5 OMBUDSMAN REGARDING WHETHER TRANSITION AUTHORIZATION PANELS ADEQUATELY
6 PROTECTED THE INTERESTS AND RIGHTS OF PATIENTS INCLUDING THEIR INTEREST
7 IN BEING TRANSITIONED TO THE LEAST RESTRICTIVE SETTING REASONABLY AVAIL-
8 ABLE, AND THE SUCCESS OF THE TRANSITION PLANS APPROVED BY THE PROGRAM IN
9 MEETING THE NEEDS OF PATIENTS AND THEIR RECOMMENDATIONS FOR AMENDMENTS
10 TO THIS SECTION, AND RECOMMENDATIONS REGARDING THE MERIT OF EXTENDING
11 THIS DEMONSTRATION PROGRAM OR ADOPTING A PERMANENT AND STATEWIDE TRANSI-
12 TION AUTHORIZATION PROGRAM.
13 (B) THE COMMISSIONER SHALL COMPILE THE REPORTS SUBMITTED TO HIM OR HER
14 AS REQUIRED BY THIS SUBDIVISION, AND PROMPTLY SUBMIT SUCH REPORTS TO THE
15 TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
16 MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY,
17 AND MAKE SUCH REPORTS AVAILABLE TO THE PUBLIC. THE COMMISSIONER MAY ADD
18 HIS OR HER OWN RECOMMENDATIONS TO THAT COMPILATION.
19 S 3. This act shall take effect immediately, and shall expire and be
20 deemed repealed three years and ninety days after it shall have become a
21 law.
