Bill Text: NY A10518 | 2011-2012 | General Assembly | Amended

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Bill Title: Regulates the provision of observation services by general hospitals.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2012-10-03 - approval memo.17 [A10518 Detail]

Download: New_York-2011-A10518-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                       10518--A
                                 I N  A S S E M B L Y
                                     May 31, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
         -- read once and referred to the Committee on Health --  reported  and
         referred  to  the Committee on Ways and Means -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       AN  ACT to amend the public health law, in relation to hospital observa-
         tion services
         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  2805-u to read as follows:
    3    S 2805-U. OBSERVATION SERVICES. 1.  IF  A  GENERAL  HOSPITAL  PROVIDES
    4  OBSERVATION SERVICES, SUCH SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH
    5  THIS SECTION, AND REGULATIONS ADOPTED BY THE COUNCIL AND APPROVED BY THE
    6  COMMISSIONER.
    7    2.  OBSERVATION  SERVICES  MAY  BE  PROVIDED  FOR  A  PERIOD  OF UP TO
    8  FORTY-EIGHT HOURS FROM THE TIME THE ORDER FOR  OBSERVATION  SERVICES  IS
    9  ISSUED.
   10    3.  BASED  ON  THE  CLINICAL NEEDS OF THE PATIENT, THE AVAILABILITY OF
   11  SERVICES TO MEET THOSE NEEDS AND  PATIENT  SAFETY,  A  GENERAL  HOSPITAL
   12  SHALL  DETERMINE  (A)  THE  PROPER  CLINICAL  LOCATION FOR THE CARE OF A
   13  SPECIFIC PATIENT REQUIRING OBSERVATION SERVICES,  INCLUDING  WHETHER  OR
   14  NOT  TO  PROVIDE SUCH SERVICES IN A DISTINCT PHYSICAL SPACE, AND (B) THE
   15  APPROPRIATE OVERSIGHT OF OBSERVATION SERVICES.
   16    4. THE COMMISSIONER SHALL DEVELOP  OUTPATIENT  RATES  FOR  OBSERVATION
   17  SERVICES  PROVIDED  IN ACCORDANCE WITH THIS SECTION TO PATIENTS ELIGIBLE
   18  FOR PAYMENTS MADE BY STATE GOVERNMENTAL ENTITIES.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15412-03-2