Bill Text: NY S06561 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Establishes hospital-sponsored off campus emergency departments as a "hospital" and sets out specific standards for operations, staffing and capacity requirements.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-02-06 - REFERRED TO HEALTH [S06561 Detail]

Download: New_York-2013-S06561-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6561
                                   I N  S E N A T E
                                   February 6, 2014
                                      ___________
       Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to hospital-sponsored
         off campus emergency departments
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 1 of section 2801 of the public health law, as
    2  separately amended by chapters 297 and 416  of  the  laws  of  1983,  is
    3  amended to read as follows:
    4    1.  "Hospital"  means a facility or institution engaged principally in
    5  providing services by or under the supervision of a physician or, in the
    6  case of a dental clinic or dental dispensary,  of  a  dentist,  for  the
    7  prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
    8  deformity or physical condition, including, but not limited to, a gener-
    9  al hospital, HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT,  public
   10  health  center,  diagnostic  center,  treatment  center,  dental clinic,
   11  dental dispensary, rehabilitation center  other  than  a  facility  used
   12  solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
   13  tal, chronic  disease  hospital,  maternity  hospital,  lying-in-asylum,
   14  out-patient  department,  out-patient lodge, dispensary and a laboratory
   15  or central service facility serving one or more such  institutions,  but
   16  the  term hospital shall not include an institution, sanitarium or other
   17  facility engaged principally in providing services for  the  prevention,
   18  diagnosis  or treatment of mental disability and which is subject to the
   19  powers of visitation, examination, inspection and investigation  of  the
   20  department  of  mental hygiene except for those distinct parts of such a
   21  facility which provide hospital service. The provisions of this  article
   22  shall  not  apply  to  a  facility or institution engaged principally in
   23  providing services by or under the supervision of the bona fide  members
   24  and  adherents  of  a  recognized religious organization whose teachings
   25  include reliance on spiritual means through prayer alone for healing  in
   26  the practice of the religion of such organization and where services are
   27  provided in accordance with those teachings.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13794-02-4
       S. 6561                             2
    1    S  2. Section 2801 of the public health law is amended by adding a new
    2  subdivision 11 to read as follows:
    3    11.  "HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT" MEANS AN
    4  EMERGENCY DEPARTMENT THAT IS OWNED BY A GENERAL HOSPITAL  AND  GEOGRAPH-
    5  ICALLY REMOVED FROM THE GENERAL HOSPITAL'S INPATIENT CAMPUS.
    6    S  3.  The public health law is amended by adding a new section 2802-b
    7  to read as follows:
    8    S 2802-B. EMERGENCY  DEPARTMENTS  AND  HOSPITAL-SPONSORED  OFF  CAMPUS
    9  EMERGENCY  DEPARTMENTS.  1.  A  HOSPITAL-SPONSORED  OFF CAMPUS EMERGENCY
   10  DEPARTMENT SHALL GENERALLY OPERATE TWENTY-FOUR HOURS PER DAY, SEVEN DAYS
   11  PER WEEK. HOWEVER, UPON APPLICATION AND APPROVAL UNDER  SUBDIVISION  TWO
   12  OF  SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE, INCLUDING APPROVAL
   13  BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, PART-TIME OPERATION AT
   14  A MINIMUM OF TWELVE HOURS PER DAY MAY BE ALLOWED  FOR  A  HOSPITAL-SPON-
   15  SORED  OFF CAMPUS EMERGENCY DEPARTMENT. SUCH APPROVAL SHALL ONLY BE MADE
   16  UPON A FINDING THAT LOCAL SPECIAL  CIRCUMSTANCES  NECESSITATE  PART-TIME
   17  OPERATION  AND  WITH  CONSIDERATION FOR THE QUALITY AND ACCESSIBILITY OF
   18  EMERGENCY CARE AND THE PUBLIC INTEREST.
   19    2. A HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT  SHALL  BE
   20  SUBJECT   TO   THE   SAME   STANDARDS  AND  REQUIREMENTS  AS  A  GENERAL
   21  HOSPITAL-BASED EMERGENCY DEPARTMENT WITH REGARD TO MINIMUM  TRAINING  OF
   22  PROVIDERS,  STAFFING,  SERVICES  AND CAPACITY TO STABILIZE, AND TREAT AS
   23  APPROPRIATE, ALL PATIENTS PRESENTING FOR TREATMENT  WITHOUT  REGARD  FOR
   24  THEIR  ABILITY TO PAY IN ACCORDANCE WITH FEDERAL LAW AND RULES. A HOSPI-
   25  TAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT SHALL  HAVE  CAPACITY  FOR
   26  RECEIVING  GROUND AMBULANCE PATIENTS AND SHALL ESTABLISH TRANSFER PROTO-
   27  COLS WITH LOCAL EMERGENCY MEDICAL SERVICE PROVIDERS AND  GENERAL  HOSPI-
   28  TAL-BASED  EMERGENCY  DEPARTMENTS  TO ENSURE TIMELY TRANSFER OF PATIENTS
   29  REQUIRING A HIGHER LEVEL OF CARE.
   30    S 4. This act shall take effect immediately and  shall  be  deemed  to
   31  have been in full force and effect on and after January 1, 2014.