Bill Text: NY A02327 | 2015-2016 | 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 5-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A02327 Detail]

Download: New_York-2015-A02327-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2327
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2015
                                      ___________
       Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
         tee 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  separately amended by chapters 297 and 416  of  the  laws  of  1983,  is
    3  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,  for  the
    7  prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
    8  deformity or physical condition, including, but not limited to, a gener-
    9  al hospital, HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT,  public
   10  health  center,  diagnostic  center,  treatment  center,  dental clinic,
   11  dental dispensary, rehabilitation center  other  than  a  facility  used
   12  solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
   13  tal, chronic  disease  hospital,  maternity  hospital,  lying-in-asylum,
   14  out-patient  department,  out-patient lodge, dispensary and a laboratory
   15  or central service facility serving one or more such  institutions,  but
   16  the  term hospital shall not include an institution, sanitarium or other
   17  facility engaged principally in providing services for  the  prevention,
   18  diagnosis  or treatment of mental disability and which is subject to the
   19  powers of visitation, examination, inspection and investigation  of  the
   20  department  of  mental hygiene except for those distinct parts of such a
   21  facility which provide hospital service. The provisions of this  article
   22  shall  not  apply  to  a  facility or institution engaged principally in
   23  providing services by or under the supervision of the bona fide  members
   24  and  adherents  of  a  recognized religious organization whose teachings
   25  include reliance on spiritual means through prayer alone for healing  in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04621-01-5
       A. 2327                             2
    1  the practice of the religion of such organization and where services are
    2  provided in accordance with those teachings.
    3    S  2. Section 2801 of the public health law is amended by adding a new
    4  subdivision 11 to read as follows:
    5    11. "HOSPITAL-SPONSORED OFF  CAMPUS  EMERGENCY  DEPARTMENT"  MEANS  AN
    6  EMERGENCY  DEPARTMENT  THAT IS OWNED BY A GENERAL HOSPITAL AND GEOGRAPH-
    7  ICALLY REMOVED FROM THE GENERAL HOSPITAL'S INPATIENT CAMPUS.
    8    S 3. The public health law is amended by adding a new  section  2802-b
    9  to read as follows:
   10    S  2802-B.  EMERGENCY  DEPARTMENTS  AND  HOSPITAL-SPONSORED OFF CAMPUS
   11  EMERGENCY DEPARTMENTS. 1.  A  HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY
   12  DEPARTMENT SHALL GENERALLY OPERATE TWENTY-FOUR HOURS PER DAY, SEVEN DAYS
   13  PER  WEEK.  HOWEVER, UPON APPLICATION AND APPROVAL UNDER SUBDIVISION TWO
   14  OF SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE, INCLUDING  APPROVAL
   15  BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, PART-TIME OPERATION AT
   16  A  MINIMUM  OF  TWELVE HOURS PER DAY MAY BE ALLOWED FOR A HOSPITAL-SPON-
   17  SORED OFF CAMPUS EMERGENCY DEPARTMENT. SUCH APPROVAL SHALL ONLY BE  MADE
   18  UPON  A  FINDING  THAT LOCAL SPECIAL CIRCUMSTANCES NECESSITATE PART-TIME
   19  OPERATION AND WITH CONSIDERATION FOR THE QUALITY  AND  ACCESSIBILITY  OF
   20  EMERGENCY CARE AND THE PUBLIC INTEREST.
   21    2.  A  HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT SHALL BE
   22  SUBJECT  TO  THE  SAME  STANDARDS  AND   REQUIREMENTS   AS   A   GENERAL
   23  HOSPITAL-BASED  EMERGENCY  DEPARTMENT WITH REGARD TO MINIMUM TRAINING OF
   24  PROVIDERS, STAFFING, SERVICES AND CAPACITY TO STABILIZE,  AND  TREAT  AS
   25  APPROPRIATE,  ALL  PATIENTS  PRESENTING FOR TREATMENT WITHOUT REGARD FOR
   26  THEIR ABILITY TO PAY IN ACCORDANCE WITH FEDERAL LAW AND RULES. A  HOSPI-
   27  TAL-SPONSORED  OFF  CAMPUS  EMERGENCY DEPARTMENT SHALL HAVE CAPACITY FOR
   28  RECEIVING GROUND AMBULANCE PATIENTS AND SHALL ESTABLISH TRANSFER  PROTO-
   29  COLS  WITH  LOCAL EMERGENCY MEDICAL SERVICE PROVIDERS AND GENERAL HOSPI-
   30  TAL-BASED EMERGENCY DEPARTMENTS TO ENSURE TIMELY  TRANSFER  OF  PATIENTS
   31  REQUIRING A HIGHER LEVEL OF CARE.
   32    S  4.  This  act  shall take effect immediately and shall be deemed to
   33  have been in full force and effect on and after January 1, 2015.