Bill Text: NY S06383 | 2017-2018 | General Assembly | Amended

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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 (Republican 1-0)

Status: (Introduced - Dead) 2018-03-08 - PRINT NUMBER 6383B [S06383 Detail]

Download: New_York-2017-S06383-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6383--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        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 chapter 397 of the laws  of  2016,  is  amended  to  read  as
     3  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03992-09-8
        S. 6383--B                          2
     1  parts  of such a facility which provide hospital service. The provisions
     2  of this article shall not apply to a  facility  or  institution  engaged
     3  principally  in  providing  services  by or under the supervision of the
     4  bona  fide  members and adherents of a recognized religious organization
     5  whose teachings include reliance on spiritual means through prayer alone
     6  for healing in the practice of the religion  of  such  organization  and
     7  where services are provided in accordance with those teachings.
     8    §  2. Section 2801 of the public health law is amended by adding a new
     9  subdivision 12 to read as follows:
    10    12. "Hospital-sponsored off  campus  emergency  department"  means  an
    11  emergency  department  that is owned by a general hospital and geograph-
    12  ically removed from the general hospital's inpatient campus.
    13    § 3. The public health law is amended by adding a new  section  2802-b
    14  to read as follows:
    15    §  2802-b.  Emergency  departments  and  hospital-sponsored off campus
    16  emergency departments. 1.  A  hospital-sponsored  off  campus  emergency
    17  department shall generally operate twenty-four hours per day, seven days
    18  per  week.  However, upon application and approval under subdivision two
    19  of section twenty-eight hundred two of this article, including  approval
    20  by the public health and health planning council, part-time operation at
    21  a  minimum  of  twelve hours per day may be allowed for a hospital-spon-
    22  sored off campus emergency department. Such approval shall only be  made
    23  upon  a  finding  that local special circumstances necessitate part-time
    24  operation and with consideration for the quality  and  accessibility  of
    25  emergency care and the public interest.
    26    2.  A  hospital-sponsored  off  campus  emergency  department shall be
    27  subject to the same standards and requirements as  a  general  hospital-
    28  based emergency department with regard to minimum training of providers,
    29  staffing,  services and capacity to stabilize, and treat as appropriate,
    30  all patients presenting for treatment without regard for  their  ability
    31  to  pay  in  accordance with federal law and rules. A hospital-sponsored
    32  off campus emergency department shall have capacity for receiving ground
    33  ambulance patients and shall establish  transfer  protocols  with  local
    34  emergency medical service providers and general hospital-based emergency
    35  departments  to  ensure  timely  transfer of patients requiring a higher
    36  level of care.
    37    § 4. This act shall take effect immediately.