Bill Text: NY A04685 | 2021-2022 | General Assembly | Amended

---

Bill Title: Prohibits general hospitals from disallowing individuals with disabilities from having an essential support person accompany them for the duration of their hospitalization in response to a pandemic or state disaster emergency.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2021-05-26 - substituted by s1035a [A04685 Detail]

Download: New_York-2021-A04685-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         4685--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on People with Disabilities --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the public health law, in relation to prohibiting gener-
          al hospitals  from  disallowing  individuals  with  disabilities  from
          having  an essential support person accompany them for the duration of
          their hospitalization

          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  2828 to read as follows:
     3    § 2828. Essential support persons allowed for individuals  with  disa-
     4  bilities  during a state of emergency.  1. For purposes of this section,
     5  the following terms shall have the following meanings:
     6    (a) "Disability" shall mean any condition or disorder  which  prevents
     7  or  makes  difficult  for  an  individual  the  ability to communicate a
     8  medical condition or certain specific medical or everyday needs, includ-
     9  ing, but not limited to, autism or cerebral palsy.
    10    (b) "Essential support person" shall mean an individual who frequently
    11  accompanies and assists an individual with a  disability  with  managing
    12  and  communicating  basic  or medical needs and is considered a critical
    13  member of such individual's health care team.
    14    2. (a) No general hospital shall establish any rules or regulations in
    15  response to a pandemic or  state  disaster  emergency  declared  by  the
    16  governor,  prohibiting  a  patient  who  suffers  from a disability from
    17  having access to an essential support person for the duration  of  their
    18  hospitalization from intake to discharge.
    19    (b)  An  individual  with a disability shall be allowed to designate a
    20  single primary essential support  person  to  assist  with  medical  and
    21  everyday  needs during hospitalization and such essential support person
    22  shall be limited to such individual's parent, spouse or caretaker.
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06482-04-1