Bill Text: NY A04413 | 2013-2014 | General Assembly | Introduced

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Bill Title: Creates the observational care unit demonstration program; authorizes the commissioner of health to approve up to five medical practices in underserved rural areas of the state to operate such program; defines "observational care".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-15 - enacting clause stricken [A04413 Detail]

Download: New_York-2013-A04413-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4413
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2013
                                      ___________
       Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation to the  observational
         care unit demonstration program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  2802-b to read as follows:
    3    S  2802-B. OBSERVATIONAL CARE UNIT DEMONSTRATION PROGRAM. 1.  NOTWITH-
    4  STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER IS
    5  AUTHORIZED TO APPROVE UP TO FIVE MEDICAL PRACTICES WITHIN THE  STATE  IN
    6  UNDERSERVED RURAL AREAS OF THE STATE TO OPERATE OBSERVATIONAL CARE UNITS
    7  BY  AND  WITHIN  SUCH  MEDICAL  PRACTICES. FOR PURPOSES OF THIS SECTION,
    8  "OBSERVATIONAL CARE" SHALL MEAN THOSE SERVICES FURNISHED  BY  A  MEDICAL
    9  PRACTICE  ON PREMISES, INCLUDING USE OF A BED AND PERIODIC MONITORING BY
   10  A MEDICAL PRACTICE'S NURSING OR OTHER STAFF, WHICH  ARE  REASONABLE  AND
   11  NECESSARY  TO  EVALUATE  AN OUTPATIENT'S CONDITION OR DETERMINE THE NEED
   12  FOR A POSSIBLE ADMISSION TO A HOSPITAL AS AN INPATIENT  OR  CONTINUE  TO
   13  NEED  SPECIALIZED MEDICAL, NURSING AND OTHER HOSPITAL ANCILLARY SERVICES
   14  AND ARE NOT YET APPROPRIATE FOR DISCHARGE.
   15    2. IN ORDER TO RECEIVE APPROVAL FROM THE COMMISSIONER  TO  OPERATE  AN
   16  OBSERVATIONAL UNIT AND TO PROVIDE OBSERVATIONAL CARE SERVICES, A MEDICAL
   17  PRACTICE  SHALL FILE AN APPLICATION ON FORMS PRESCRIBED BY OR ACCEPTABLE
   18  TO THE COMMISSIONER.
   19    (A) THE COMMISSIONER SHALL ACT UPON  SUCH  APPLICATIONS  IN  A  MANNER
   20  CONSISTENT  WITH  SECTION  TWENTY-EIGHT  HUNDRED  TWO  OF  THIS  ARTICLE
   21  PROVIDED THAT THE COMMISSIONER MAY NOT WAIVE REVIEW  AND  RECOMMENDATION
   22  BY THE STATE HOSPITAL REVIEW AND PLANNING COUNCIL. IN THE STATE HOSPITAL
   23  REVIEW AND PLANNING COUNCIL'S EVALUATION OF APPLICATIONS AND THE COMMIS-
   24  SIONER  ACTING UPON SUCH APPLICATIONS, PRIORITY SHALL BE GIVEN TO APPLI-
   25  CANTS WHO ARE SERVING PATIENTS LOCATED IN A MEDICALLY UNDERSERVED  RURAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08057-01-3
       A. 4413                             2
    1  SERVICE AREA. FURTHER, IN THE STATE HOSPITAL REVIEW AND PLANNING COUNCIL
    2  EVALUATING  APPLICATIONS  AND THE COMMISSIONER ACTING UPON SUCH APPLICA-
    3  TIONS, CONSIDERATION SHALL ALSO BE GIVEN TO THE GEOGRAPHIC  DISTRIBUTION
    4  OF APPLICANTS THROUGHOUT THE STATE, SO THAT APPLICATIONS MAY BE APPROVED
    5  FROM THE VARIOUS GEOGRAPHIC REGIONS OF THE STATE.
    6    (B)  THE  CARE PROVIDED IN AN OBSERVATIONAL CARE UNIT SHALL BE LIMITED
    7  IN DURATION NOT TO EXCEED TWENTY-FOUR HOURS AND DESIGNED  TO  RESOLVE  A
    8  PATIENT'S  ACUTE  CARE  MEDICAL  PROBLEMS, TEST, DIAGNOSE, STABILIZE AND
    9  TREAT RAPIDLY PATIENTS WHO ARE IN NEED  OF  A  LEVEL  OF  TREATMENT  NOT
   10  REQUIRING  IMMEDIATE  INPATIENT  ADMISSION  TO  A  HOSPITAL FACILITY AND
   11  APPROPRIATE DISCHARGE OF SUCH A PATIENT TO A  HOME,  RESIDENTIAL  HEALTH
   12  CARE FACILITY OR OTHER APPROPRIATE SETTING.
   13    (C)  IN ORDER TO BE APPROVED TO OPERATE AN OBSERVATIONAL CARE UNIT AND
   14  TO PROVIDE OBSERVATIONAL CARE SERVICES, AN APPLICANT  MUST  COMPLY  WITH
   15  AND  MEET ALL APPLICABLE REQUIREMENTS OF AND CONDITIONS OF PARTICIPATION
   16  UNDER TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT (MEDICARE).
   17    3. THE COMMISSIONER SHALL REPORT TO THE GOVERNOR AND  THE  LEGISLATURE
   18  CONCERNING  THE  IMPLEMENTATION  OF  THIS  SECTION  AND THE OPERATION OF
   19  OBSERVATIONAL CARE UNITS WITHIN THREE YEARS AFTER THE EFFECTIVE DATE  OF
   20  THIS SECTION.
   21    S 2. This act shall take effect immediately.