Bill Text: NY S03926 | 2013-2014 | General Assembly | Amended

New York Senate Bill 3926 (Prior Session Legislation)

Bill Title: Requires general hospitals to provide notice to patients placed in observation services and explain the implications thereof.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-10-21 - SIGNED CHAP.397 [S03926 Detail]

Download: New_York-2013-S03926-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3926--A
           Cal. No. 477
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 27, 2013
                                      ___________
       Introduced  by  Sens.  HANNON, FELDER -- read twice and ordered printed,
         and when printed to  be  committed  to  the  Committee  on  Health  --
         reported  favorably  from  said committee, ordered to first and second
         report, ordered to a third reading,  amended  and  ordered  reprinted,
         retaining its place in the order of third reading
       AN  ACT to amend the public health law, in relation to patient notice of
         the provision of observation 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-w to read as follows:
    3    S 2805-W. PATIENT NOTICE OF OBSERVATION  SERVICES.  1.  EVERY  GENERAL
    4  HOSPITAL SHALL PROVIDE PATIENTS WHO ARE PLACED INTO OBSERVATION SERVICES
    5  BY  SUCH GENERAL HOSPITAL WITH AN ORAL AND WRITTEN NOTICE WITHIN TWENTY-
    6  FOUR HOURS OF SUCH PLACEMENT THAT THE PATIENT IS  NOT  ADMITTED  TO  THE
    7  HOSPITAL  AND  IS UNDER OBSERVATION STATUS. SUCH WRITTEN NOTICE SHALL BE
    8  SIGNED BY THE PATIENT OR THE PATIENT'S LEGAL REPRESENTATIVE TO  ACKNOWL-
    9  EDGE  RECEIPT  AND  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
   10  INFORMATION:
   11    (A) A STATEMENT THAT OBSERVATION STATUS MAY AFFECT THE PATIENT'S MEDI-
   12  CARE, MEDICAID AND/OR PRIVATE INSURANCE COVERAGE FOR THE CURRENT  HOSPI-
   13  TAL  SERVICES,  INCLUDING MEDICATIONS AND OTHER PHARMACEUTICAL SUPPLIES,
   14  AS WELL AS COVERAGE FOR ANY SUBSEQUENT DISCHARGE TO  A  SKILLED  NURSING
   15  FACILITY OR HOME AND COMMUNITY BASED CARE; AND
   16    (B)  THAT  THE  PATIENT  SHOULD  CONTACT  HIS OR HER INSURANCE PLAN TO
   17  BETTER UNDERSTAND  THE  IMPLICATIONS  OF  BEING  PLACED  IN  OBSERVATION
   18  STATUS.
   19    2.  THE  COMMISSIONER SHALL DEVELOP AND MAKE AVAILABLE GUIDANCE ON THE
   20  NOTICE AS DESCRIBED IN THIS SECTION.
   21    S 2. This act shall take effect immediately, except that subdivision 1
   22  of section 2805-w of the public health law, as added by section  one  of
   23  this  act,  shall  take effect on the ninetieth day after this act shall
   24  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05275-06-3