Bill Text: NY S01728 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes hospital-sponsored off campus emergency departments as a "hospital" and sets out specific standards for operations, staffing and capacity requirements.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S01728 Detail]

Download: New_York-2019-S01728-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1728
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation to hospital-sponsored
          off campus emergency departments
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 1 of section 2801 of the public health law, as
     2  amended by section 1 of subpart B of part S of chapter 57 of the laws of
     3  2018, is amended to read as follows:
     4    1. "Hospital" means a facility or institution engaged  principally  in
     5  providing services by or under the supervision of a physician or, in the
     6  case  of  a dental clinic or dental dispensary, of a dentist, or, in the
     7  case of a midwifery birth center, of  a  midwife,  for  the  prevention,
     8  diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
     9  physical condition, including, but not limited to, a  general  hospital,
    10  hospital-sponsored   off  campus  emergency  department,  public  health
    11  center, diagnostic  center,  treatment  center,  dental  clinic,  dental
    12  dispensary,  rehabilitation center other than a facility used solely for
    13  vocational rehabilitation, nursing home, tuberculosis hospital,  chronic
    14  disease  hospital, maternity hospital, midwifery birth center, lying-in-
    15  asylum, out-patient department,  out-patient  lodge,  dispensary  and  a
    16  laboratory  or  central service facility serving one or more such insti-
    17  tutions, but the term hospital shall not include an  institution,  sani-
    18  tarium  or  other facility engaged principally in providing services for
    19  the prevention, diagnosis or treatment of mental disability and which is
    20  subject to the powers of visitation, examination, inspection and  inves-
    21  tigation  of  the department of mental hygiene except for those distinct
    22  parts of such a facility which provide hospital service. The  provisions
    23  of  this  article  shall  not apply to a facility or institution engaged
    24  principally in providing services by or under  the  supervision  of  the
    25  bona  fide  members and adherents of a recognized religious organization
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06643-01-9

        S. 1728                             2
     1  whose teachings include reliance on spiritual means through prayer alone
     2  for healing in the practice of the religion  of  such  organization  and
     3  where  services  are  provided  in  accordance  with those teachings. No
     4  provision  of  this  article  or  any  other  provision  of law shall be
     5  construed to: (a) limit the volume of mental  health  or  substance  use
     6  disorder  services  that  can  be provided by a provider of primary care
     7  services licensed under this article and  authorized  to  provide  inte-
     8  grated services in accordance with regulations issued by the commission-
     9  er  in consultation with the commissioner of the office of mental health
    10  and the commissioner of the office of  alcoholism  and  substance  abuse
    11  services,  including regulations issued pursuant to subdivision seven of
    12  section three hundred sixty-five-l of the social services law or part  L
    13  of  chapter  fifty-six of the laws of two thousand twelve; (b) require a
    14  provider licensed pursuant to article thirty-one of the  mental  hygiene
    15  law  or  certified  pursuant to article thirty-two of the mental hygiene
    16  law to obtain an operating  certificate  from  the  department  if  such
    17  provider  has  been authorized to provide integrated services in accord-
    18  ance with regulations issued by the commissioner  in  consultation  with
    19  the  commissioner of the office of mental health and the commissioner of
    20  the office of alcoholism and substance abuse services,  including  regu-
    21  lations  issued  pursuant  to subdivision seven of section three hundred
    22  sixty-five-l of the social services law or part L of  chapter  fifty-six
    23  of the laws of two thousand twelve.
    24    §  2. Section 2801 of the public health law is amended by adding a new
    25  subdivision 12 to read as follows:
    26    12. "Hospital-sponsored off  campus  emergency  department"  means  an
    27  emergency  department  that is owned by a general hospital and geograph-
    28  ically removed from the general hospital's inpatient campus.
    29    § 3. The public health law is amended by adding a new  section  2802-b
    30  to read as follows:
    31    §  2802-b.  Emergency  departments  and  hospital-sponsored off campus
    32  emergency departments. 1.  A  hospital-sponsored  off  campus  emergency
    33  department shall generally operate twenty-four hours per day, seven days
    34  per  week.  However, upon application and approval under subdivision two
    35  of section twenty-eight hundred two of this article, including  approval
    36  by the public health and health planning council, part-time operation at
    37  a  minimum  of  twelve hours per day may be allowed for a hospital-spon-
    38  sored off campus emergency department. Such approval shall only be  made
    39  upon  a  finding  that local special circumstances necessitate part-time
    40  operation and with consideration for the quality  and  accessibility  of
    41  emergency care and the public interest.
    42    2.  A  hospital-sponsored  off  campus  emergency  department shall be
    43  subject to the same standards and requirements as  a  general  hospital-
    44  based emergency department with regard to minimum training of providers,
    45  staffing,  services and capacity to stabilize, and treat as appropriate,
    46  all patients presenting for treatment without regard for  their  ability
    47  to  pay  in  accordance with federal law and rules. A hospital-sponsored
    48  off campus emergency department shall have capacity for receiving ground
    49  ambulance patients and shall establish  transfer  protocols  with  local
    50  emergency medical service providers and general hospital-based emergency
    51  departments  to  ensure  timely  transfer of patients requiring a higher
    52  level of care.
    53    § 4. This act shall take effect immediately.
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