Bill Text: NY A04969 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits a health care coverage plan, including medicaid, from making a purchase, payment or reimbursement for treatment and/or any other costs related to the care of a patient with a hospital acquired infection deemed preventable by the commissioner.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04969 Detail]

Download: New_York-2011-A04969-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4969
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2011
                                      ___________
       Introduced  by  M.  of  A.  MAYERSOHN  --  read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation to costs  related  to
         the care of a patient with a hospital acquired infection
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 2807 of the public health law is amended by  adding
    2  a new subdivision 20 to read as follows:
    3    20.  (A)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO HEALTH
    4  CARE COVERAGE PLAN, INCLUDING MEDICAID, SHALL PURCHASE, PAY FOR OR  MAKE
    5  REIMBURSEMENT  FOR  TREATMENT AND/OR ANY OTHER COSTS RELATED TO THE CARE
    6  OF A  PATIENT  INFLICTED  WITH  A  HOSPITAL  ACQUIRED  INFECTION  DEEMED
    7  PREVENTABLE  BY  THE  COMMISSIONER  AND  THE PREVALENCE OF WHICH AT SAID
    8  HOSPITAL IS EXCESSIVE OR OTHERWISE BEYOND NORMALLY ACCEPTABLE STANDARDS.
    9    (B) IN DETERMINING THE TYPE OR NATURE OF EXCESSIVE PREVENTABLE  HOSPI-
   10  TAL ACQUIRED INFECTION, THE COMMISSIONER SHALL CONSULT WITH THE ADVISORY
   11  COMMITTEE ON PREVENTABLE HOSPITAL INFECTIONS CREATED IN PARAGRAPH (C) OF
   12  THIS  SUBDIVISION.  SUCH DETERMINATION SHALL BE BASED UPON THE FOLLOWING
   13  FACTORS:
   14    (I) THE PREVENTABLE NATURE OF A PARTICULAR TYPE OF INFECTION;
   15    (II) THE REASONABLY ACCEPTABLE RATE AND EXPECTED LEVEL OF INFECTION AT
   16  A PARTICULAR INSTITUTION BASED UPON THE NATURE OF  THE  INSTITUTION  AND
   17  THE POPULATION IT SERVES;
   18    (III)  THE HISTORY AND EFFICACY OF INFECTIOUS DISEASE CONTROL, REPORT-
   19  ING AND SCREENING EFFORTS AT SAID INSTITUTION;
   20    (IV) THE HISTORICAL COMPLIANCE RECORD OF THE INSTITUTION  IN  RELATION
   21  TO HOSPITAL ACQUIRED INFECTION CONTROL, REPORTING AND SCREENING REQUIRE-
   22  MENTS; AND
   23    (V) ANY OTHER FACTOR DEEMED RELEVANT BY THE COMMISSIONER.
   24    (C)  THERE  IS  HEREBY  CREATED  WITHIN  THE  DEPARTMENT, THE ADVISORY
   25  COMMITTEE ON  PREVENTABLE  HOSPITAL  INFECTIONS.  SUCH  COMMITTEE  SHALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08649-01-1
       A. 4969                             2
    1  CONSIST OF SEVENTEEN MEMBERS, WITH THE COMMISSIONER OR HIS OR HER DESIG-
    2  NEE  ACTING  AS  CHAIRPERSON.  THE  MEMBERSHIP OF THE COMMITTEE SHALL BE
    3  APPOINTED BY THE COMMISSIONER AND SHALL CONSIST OF AT LEAST  ONE  REPRE-
    4  SENTATIVE OF EACH OF THE FOLLOWING GROUPS:
    5    (I) HOSPITAL INDUSTRY;
    6    (II) HEALTH INSURANCE INDUSTRY;
    7    (III) HEALTH CARE CONSUMER ORGANIZATIONS;
    8    (IV) HOSPITAL EMPLOYEE ORGANIZATIONS;
    9    (V)  INFECTIOUS  DISEASE CONTROL EXPERTS, AS DETERMINED BY THE COMMIS-
   10  SIONER;
   11    (VI) THE SUPERINTENDENT OF INSURANCE OR HIS OR HER DESIGNEE;
   12    (VII) THE COMMISSIONER OR HIS OR HER DESIGNEE;
   13    (VIII) MEDICAL ORGANIZATIONS;
   14    (IX) NURSING HOME INDUSTRY; AND
   15    (X) NURSING ORGANIZATIONS.
   16    (D) NO HOSPITAL SHALL DENY ADMITTANCE OR  TREATMENT  TO  OR  REFER  TO
   17  ANOTHER HOSPITAL FOR ADMITTANCE OR TREATMENT UNLESS MEDICALLY NECESSARY,
   18  ANY  INDIVIDUAL INFLICTED WITH A HOSPITAL ACQUIRED INFECTION. ANY HOSPI-
   19  TAL ADMITTING  OR  TREATING  AN  INDIVIDUAL  WITH  A  HOSPITAL  ACQUIRED
   20  INFECTION,  SHALL  PROVIDE ALL SERVICES NECESSARY TO TREAT THE INFECTION
   21  AND SHALL BEAR ALL COSTS RELATED TO SUCH TREATMENT.
   22    (E) THE COMMISSIONER SHALL PROMULGATE SUCH RULES  AND  REGULATIONS  AS
   23  MAY BE NECESSARY AND PROPER TO CARRY OUT THE PROVISIONS OF THIS SUBDIVI-
   24  SION  INCLUDING  PROTOCOLS  FOR  INFECTIOUS  DISEASE CONTROL, REPORTING,
   25  SCREENING AND TREATMENT.
   26    S 2. This act shall take effect on the one hundred twentieth day after
   27  it shall have become a law; provided, however, that effective immediate-
   28  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   29  necessary  for  the implementation of this act on its effective date are
   30  authorized and directed to be made  and  completed  on  or  before  such
   31  effective date.