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S01885 Summary:

BILL NOS01885A
 
SAME ASSAME AS A08214
 
SPONSORSKOUFIS
 
COSPNSRSALAZAR
 
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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S01885 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1885--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by Sens. SKOUFIS, SALAZAR -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health --  recom-
          mitted  to  the  Committee on Health in accordance with Senate Rule 6,
          sec. 8 -- 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-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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04610-02-3

        S. 1885--A                          2
 
     1  parts  of such a facility which provide hospital service. The provisions
     2  of this article shall not apply to a  facility  or  institution  engaged
     3  principally  in  providing  services  by or under the supervision of the
     4  bona  fide  members and adherents of a recognized religious organization
     5  whose teachings include reliance on spiritual means through prayer alone
     6  for healing in the practice of the religion  of  such  organization  and
     7  where  services  are  provided  in  accordance  with those teachings. No
     8  provision of this article  or  any  other  provision  of  law  shall  be
     9  construed  to:  (a)  limit  the  volume  of mental health, substance use
    10  disorder services or  developmental  disability  services  that  can  be
    11  provided  by  a  provider  of  primary care services licensed under this
    12  article and authorized to provide integrated services in accordance with
    13  regulations issued by the commissioner in consultation with the  commis-
    14  sioner of the office of mental health, the commissioner of the office of
    15  [alcoholism   and  substance  abuse  services]  addiction  services  and
    16  supports and the commissioner of the office  for  people  with  develop-
    17  mental  disabilities,  including regulations issued pursuant to subdivi-
    18  sion seven of section three hundred sixty-five-l of the social  services
    19  law  or  part L of chapter fifty-six of the laws of two thousand twelve;
    20  (b) require a provider licensed pursuant to article  thirty-one  of  the
    21  mental  hygiene  law or certified pursuant to article sixteen or article
    22  thirty-two of the mental hygiene law to obtain an operating  certificate
    23  from  the  department  if  such  provider has been authorized to provide
    24  integrated services in accordance with regulations issued by the commis-
    25  sioner in consultation with the commissioner of  the  office  of  mental
    26  health,  the  commissioner  of  the  office of [alcoholism and substance
    27  abuse services] addiction services and supports and the commissioner  of
    28  the  office  for people with developmental disabilities, including regu-
    29  lations issued pursuant to subdivision seven of  section  three  hundred
    30  sixty-five-l  of  the social services law or part L of chapter fifty-six
    31  of the laws of two thousand twelve.
    32    § 2. Section 2801 of the public health law is amended by adding a  new
    33  subdivision 15 to read as follows:
    34    15.  "Hospital-sponsored  off  campus  emergency  department" means an
    35  emergency department that is owned by a general hospital  and  geograph-
    36  ically removed from the general hospital's inpatient campus.
    37    §  3.  The public health law is amended by adding a new section 2802-c
    38  to read as follows:
    39    § 2802-c. Emergency  departments  and  hospital-sponsored  off  campus
    40  emergency  departments.  1.  A  hospital-sponsored  off campus emergency
    41  department shall generally operate twenty-four hours per day, seven days
    42  per week. However, upon application and approval under  subdivision  two
    43  of  section twenty-eight hundred two of this article, including approval
    44  by the public health and health planning council, part-time operation at
    45  a minimum of twelve hours per day may be allowed  for  a  hospital-spon-
    46  sored  off campus emergency department. Such approval shall only be made
    47  upon a finding that local special  circumstances  necessitate  part-time
    48  operation  and  with  consideration for the quality and accessibility of
    49  emergency care and the public interest.
    50    2. A hospital-sponsored  off  campus  emergency  department  shall  be
    51  subject  to  the  same standards and requirements as a general hospital-
    52  based emergency department with regard to minimum training of providers,
    53  staffing, services and capacity to stabilize, and treat as  appropriate,
    54  all  patients  presenting for treatment without regard for their ability
    55  to pay in accordance with federal law and  rules.  A  hospital-sponsored
    56  off campus emergency department shall have capacity for receiving ground

        S. 1885--A                          3
 
     1  ambulance  patients  and  shall  establish transfer protocols with local
     2  emergency medical service providers and general hospital-based emergency
     3  departments to ensure timely transfer of  patients  requiring  a  higher
     4  level of care.
     5    § 4. This act shall take effect immediately.
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