Bill Text: NY A05853 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires all general hospitals, which provide emergency services, to post patient rights and provides that hospital personnel, prior to providing treatment, shall not inquire as to a patient's immigration status.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2016-01-22 - advanced to third reading cal.343 [A05853 Detail]

Download: New_York-2015-A05853-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5853
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 5, 2015
                                      ___________
       Introduced by M. of A. ORTIZ, RIVERA, CRESPO, OTIS -- Multi-Sponsored by
         --  M.  of A. COOK, FARRELL, GOTTFRIED, PERRY, RAMOS, ROBINSON, WRIGHT
         -- read once and referred to the Committee on Health
       AN ACT to amend the public health law, in relation to patient rights
         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  2801-i to read as follows:
    3    S 2801-I. PATIENT RIGHTS TO BE POSTED. THE COMMISSIONER SHALL  REQUIRE
    4  ALL GENERAL HOSPITALS, WHICH PROVIDE EMERGENCY SERVICES, TO CONSPICUOUS-
    5  LY POST IN A PROMINENT AND VISIBLE AREA A SIGN WHICH SHALL BE NO SMALLER
    6  THAN  EIGHT  AND  ONE-HALF  INCHES  BY  FOURTEEN  INCHES AND WHICH SHALL
    7  CONTAIN THE FOLLOWING LANGUAGE:
    8           "PATIENTS' RIGHTS IN CASE OF IMMEDIATE HOSPITALIZATION
    9    EACH PATIENT SHALL HAVE THE RIGHT TO EMERGENCY TREATMENT REGARDLESS OF
   10  AGE, RACE, COLOR, RELIGION, SEX,  NATIONAL  ORIGIN,  DISABILITY,  SEXUAL
   11  ORIENTATION,  SOURCE OF PAYMENT, OR IMMIGRATION STATUS. NO PATIENT SHALL
   12  BE REQUIRED TO ANSWER QUESTIONS CONCERNING THEIR INSURANCE OR METHOD  OF
   13  PAYMENT PRIOR TO RECEIVING TREATMENT."
   14    S  2.  Subdivision  1  of  section 2805-b of the public health law, as
   15  amended by chapter 121 of the laws  of  1987,  is  amended  to  read  as
   16  follows:
   17    1.  Every  general  hospital  shall admit any person who is in need of
   18  immediate hospitalization with all convenient speed and shall not before
   19  admission question the patient or  any  member  of  his  or  her  family
   20  concerning  insurance,  credit or payment of charges, OR THE IMMIGRATION
   21  STATUS OF THE PATIENT, provided[, however,] that the patient or a member
   22  of his or her family shall agree to  supply  such  information  promptly
   23  after  the patient's admission WITH THE EXCEPTION THAT THE PATIENT SHALL
   24  NOT BE REQUIRED TO ANSWER QUESTIONS RELATING TO HIS OR  HER  IMMIGRATION
   25  STATUS.    However,  no  general  hospital  shall require any patient or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01896-01-5
       A. 5853                             2
    1  member of his or her family to write or to sign during those times  when
    2  the religious tenets of such person temporarily prohibit him or her from
    3  performing  such acts. No general hospital shall transfer any patient to
    4  another hospital or health care facility on the grounds that the patient
    5  is  unable  to  pay  or  guarantee  payment for services rendered. Every
    6  general hospital which maintains facilities  for  providing  out-patient
    7  emergency  medical care must provide such care to any person who, in the
    8  opinion of a physician, requires such care.
    9    S 3. This act shall take effect on the ninetieth day  after  it  shall
   10  have become a law.