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A08214 Summary:

BILL NOA08214
 
SAME ASSAME AS S01885-A
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §2801, add §2802-c, Pub Health L
 
Establishes hospital-sponsored off campus emergency departments as a "hospital"; sets out specific standards for operations, staffing and capacity requirements.
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A08214 Actions:

BILL NOA08214
 
11/06/2023referred to health
01/03/2024referred to health
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A08214 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8214
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 6, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred 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  amended  by  section  2  of part E of chapter 57 of the laws of 2023, 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, or, in the
     7  case of a midwifery birth center, of  a  midwife,  for  the  prevention,
     8  diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
     9  physical condition, including, but not limited to, a  general  hospital,
    10  hospital-sponsored   off  campus  emergency  department,  public  health
    11  center, diagnostic center, treatment center, a rural emergency  hospital
    12  under  42 USC 1395x(kkk), or successor provisions, dental clinic, dental
    13  dispensary, rehabilitation center other than a facility used solely  for
    14  vocational  rehabilitation, nursing home, tuberculosis hospital, chronic
    15  disease hospital, maternity hospital, midwifery birth center,  lying-in-
    16  asylum,  out-patient  department,  out-patient  lodge,  dispensary and a
    17  laboratory or central service facility serving one or more  such  insti-
    18  tutions,  but  the term hospital shall not include an institution, sani-
    19  tarium or other facility engaged principally in providing  services  for
    20  the prevention, diagnosis or treatment of mental disability and which is
    21  subject  to the powers of visitation, examination, inspection and inves-
    22  tigation of the department of mental hygiene except for  those  distinct
    23  parts  of such a facility which provide hospital service. The provisions
    24  of this article shall not apply to a  facility  or  institution  engaged
    25  principally  in  providing  services  by or under the supervision of the
    26  bona fide members and adherents of a recognized  religious  organization
    27  whose teachings include reliance on spiritual means through prayer alone
    28  for  healing  in  the  practice of the religion of such organization and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04610-03-3

        A. 8214                             2
 
     1  where services are provided  in  accordance  with  those  teachings.  No
     2  provision  of  this  article  or  any  other  provision  of law shall be
     3  construed to: (a) limit the  volume  of  mental  health,  substance  use
     4  disorder  services  or  developmental  disability  services  that can be
     5  provided by a provider of primary  care  services  licensed  under  this
     6  article and authorized to provide integrated services in accordance with
     7  regulations  issued by the commissioner in consultation with the commis-
     8  sioner of the office of mental health, the commissioner of the office of
     9  [alcoholism  and  substance  abuse  services]  addiction  services   and
    10  supports  and  the  commissioner  of the office for people with develop-
    11  mental disabilities, including regulations issued pursuant  to  subdivi-
    12  sion  seven of section three hundred sixty-five-l of the social services
    13  law or part L of chapter fifty-six of the laws of two  thousand  twelve;
    14  (b)  require  a  provider licensed pursuant to article thirty-one of the
    15  mental hygiene law or certified pursuant to article sixteen  or  article
    16  thirty-two  of the mental hygiene law to obtain an operating certificate
    17  from the department if such provider  has  been  authorized  to  provide
    18  integrated services in accordance with regulations issued by the commis-
    19  sioner  in  consultation  with  the commissioner of the office of mental
    20  health, the commissioner of the  office  of  [alcoholism  and  substance
    21  abuse  services] addiction services and supports and the commissioner of
    22  the office for people with developmental disabilities,  including  regu-
    23  lations  issued  pursuant  to subdivision seven of section three hundred
    24  sixty-five-l of the social services law or part L of  chapter  fifty-six
    25  of the laws of two thousand twelve.
    26    §  2. Section 2801 of the public health law is amended by adding a new
    27  subdivision 15 to read as follows:
    28    15. "Hospital-sponsored off  campus  emergency  department"  means  an
    29  emergency  department  that is owned by a general hospital and geograph-
    30  ically removed from the general hospital's inpatient campus.
    31    § 3. The public health law is amended by adding a new  section  2802-c
    32  to read as follows:
    33    §  2802-c.  Emergency  departments  and  hospital-sponsored off campus
    34  emergency departments. 1.  A  hospital-sponsored  off  campus  emergency
    35  department shall generally operate twenty-four hours per day, seven days
    36  per  week.  However, upon application and approval under subdivision two
    37  of section twenty-eight hundred two of this article, including  approval
    38  by the public health and health planning council, part-time operation at
    39  a  minimum  of  twelve hours per day may be allowed for a hospital-spon-
    40  sored off campus emergency department. Such approval shall only be  made
    41  upon  a  finding  that local special circumstances necessitate part-time
    42  operation and with consideration for the quality  and  accessibility  of
    43  emergency care and the public interest.
    44    2.  A  hospital-sponsored  off  campus  emergency  department shall be
    45  subject to the same standards and requirements as  a  general  hospital-
    46  based emergency department with regard to minimum training of providers,
    47  staffing,  services and capacity to stabilize, and treat as appropriate,
    48  all patients presenting for treatment without regard for  their  ability
    49  to  pay  in  accordance with federal law and rules. A hospital-sponsored
    50  off campus emergency department shall have capacity for receiving ground
    51  ambulance patients and shall establish  transfer  protocols  with  local
    52  emergency medical service providers and general hospital-based emergency
    53  departments  to  ensure  timely  transfer of patients requiring a higher
    54  level of care.
    55    § 4. This act shall take effect immediately.
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