S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4884

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 6, 2009
                                      ___________

       Introduced  by M. of A. ALESSI -- Multi-Sponsored by -- M. of A. EDDING-
         TON -- read once and referred to the Committee on Health

       AN ACT to amend the public health law, in relation  to  promulgation  of
         rules  and  regulations  related  to treatment procedures in rehabili-
         tation facilities

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "Martha DeFiore act".
    3    S 2.  The public health law is amended by adding a new section  2803-s
    4  to read as follows:
    5    S  2803-S.  RULES  AND  REGULATIONS RELATED TO TREATMENT PROCEDURES IN
    6  REHABILITATION FACILITIES. THE COMMISSIONER, PURSUANT TO THE POWERS  AND
    7  DUTIES  OF  SECTION  TWENTY-EIGHT  HUNDRED  THREE OF THIS ARTICLE, SHALL
    8  PROMULGATE RULES AND REGULATIONS  RELATED  TO  TREATMENT  PROCEDURES  IN
    9  REHABILITATION FACILITIES, INCLUDING BUT NOT LIMITED TO, REQUIRING THAT:
   10    (A)  NO FEWER THAN TWO LICENSED PHYSICIANS IN DIFFERENT PRACTICE AREAS
   11  SHALL APPROVE A PATIENT FOR DISCHARGE FROM A MEDICAL FACILITY TO A REHA-
   12  BILITATION FACILITY;
   13    (B) PATIENTS ENTERING A REHABILITATION FACILITY MUST BE EVALUATED BY A
   14  LICENSED PHYSICIAN WITHIN TWENTY-FOUR HOURS OF ADMISSION;
   15    (C) PATIENTS IN REHABILITATION  FACILITIES  WHO  EXHIBIT  SIGNS  OF  A
   16  MEDICAL  CONDITION  UNRELATED TO THEIR CONDITION FOR REHABILITATION MUST
   17  BE RETURNED WITHIN TWENTY-FOUR HOURS AFTER THE  ONSET  OF  SUCH  MEDICAL
   18  CONDITION TO A MEDICAL FACILITY FOR EVALUATION BY A LICENSED PHYSICIAN.
   19    S 3. This act shall take effect immediately.


        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08059-01-9