A01917 Summary:

BILL NOA01917A
 
SAME ASSAME AS S01791-A
 
SPONSOROrtiz (MS)
 
COSPNSRRivera, Crespo, Otis
 
MLTSPNSRCook, Farrell, Gottfried, Heastie, Perry, Ramos, Robinson, Wright
 
Add S2801-h, amd S2805-b, Pub Health L
 
Requires all general hospitals, which provide emergency services, to post patient rights and provides that hospital personnel, prior to providing treatment, shall not inquire as to a patient's immigration status.
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A01917 Actions:

BILL NOA01917A
 
01/09/2013referred to health
01/24/2013reported
01/24/2013advanced to third reading cal.10
05/01/2013amended on third reading 1917a
01/08/2014referred to health
01/14/2014reported
01/16/2014advanced to third reading cal.401
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A01917 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1917A
 
SPONSOR: Ortiz (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to patient rights   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure that immediate hospitalization is given to any person in need, regardless of immigration status, as well as to inform patients of their rights in such circumstances.   SUMMARY OF SPECIFIC PROVISIONS: The public health law is amended by adding a new section 2801-h that mandates the posting of patients' rights in cases of immediate hospital- ization. A sign no less than eight and one-half inches by fourteen inch- es must be posted conspicuously stating that "each patient shall have the right to emergency treatment regardless of age, race, color, reli- gion, sex, national origin, disability, sexual orientation, source of payment, or immigration status. No patient shall be required to answer questions prior to providing treatment concerning their insurance or method of payment." Subdivision 1 of section 2805-b of the public health law is amended so that all general hospitals which provide emergency services may not inquire as to the patient's immigration status prior to providing treat- ment. Nor shall the patient be required to answer questions relating to his or her immigration status after treatment is provided.   JUSTIFICATION: Many people who are in dire need of immediate hospitalization do not seek the proper medical attention due to uncertainty or a fear of being reported to the INS, if they are undocumented. Undocumented people who do go to emergency rooms in search of treatment are often frightened by questions from hospital personnel before admittance. By prohibiting staff from denying treatment clue to immigration status, or inquiring into the immigration status of a patient before providing treatment, more undocumented people will seal: the medical attention they require in emergency situations. All patients need to be reassured as to the admittance process as well, Reassurance would be promoted by signs stating that immediate hospitali- zation must be granted regardless of age. color, religion, sex, national origin, disability, sexual orientation, source of payment, or immi- gration status, as well as, a patient's right to treatment prior to answering questions regarding their insurance or method of payment.   PRIOR LEGISLATIVE HISTORY: 2002 - A.10697- Referred to health. 2004 - A3049-5 Advanced to third reading cal. 39 2005/06 - A5504A - Passed Assembly 2007/09 - A5930 - Referred to Health 2009/10 - A6470-A - Advanced to Third Reading 2011/12 - A841-A - Ref to Health, Third Reading   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A01917 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1917--A
                                                                 Cal. No. 10
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by M. of A. ORTIZ, RIVERA, CRESPO, OTIS, STEVENSON -- Multi-
          Sponsored by -- M. of A. COOK,  FARRELL,  GOTTFRIED,  HEASTIE,  PERRY,
          RAMOS,  ROBINSON, WRIGHT -- read once and referred to the Committee on

          Health -- reported  from  committee,  advanced  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place on the order of
          third reading
 
        AN ACT to amend the public health law, in relation to patient rights
 
          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  2801-h to read as follows:
     3    § 2801-h. Patient rights to be posted. The commissioner shall  require
     4  all general hospitals, which provide emergency services, to conspicuous-
     5  ly post in a prominent and visible area a sign which shall be no smaller
     6  than  eight  and  one-half  inches  by  fourteen  inches and which shall
     7  contain the following language:

     8           "PATIENTS' RIGHTS IN CASE OF IMMEDIATE HOSPITALIZATION
     9    Each patient shall have the right to emergency treatment regardless of
    10  age, race, color, religion, sex,  national  origin,  disability,  sexual
    11  orientation,  source of payment, or immigration status. No patient shall
    12  be required to answer questions concerning their insurance or method  of
    13  payment prior to receiving treatment."
    14    §  2.  Subdivision  1  of  section 2805-b of the public health law, as
    15  amended by chapter 121 of the laws  of  1987,  is  amended  to  read  as
    16  follows:
    17    1.  Every  general  hospital  shall admit any person who is in need of
    18  immediate hospitalization with all convenient speed and shall not before
    19  admission question the patient or  any  member  of  his  or  her  family

    20  concerning  insurance,  credit or payment of charges, or the immigration
    21  status of the patient, provided[, however,] that the patient or a member
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05298-02-3

        A. 1917--A                          2
 
     1  of his or her family shall agree to  supply  such  information  promptly
     2  after  the patient's admission with the exception that the patient shall
     3  not be required to answer questions relating to his or  her  immigration
     4  status.    However,  no  general  hospital  shall require any patient or
     5  member of his or her family to write or to sign during those times  when

     6  the religious tenets of such person temporarily prohibit him or her from
     7  performing  such acts. No general hospital shall transfer any patient to
     8  another hospital or health care facility on the grounds that the patient
     9  is unable to pay or  guarantee  payment  for  services  rendered.  Every
    10  general  hospital  which  maintains facilities for providing out-patient
    11  emergency medical care must provide such care to any person who, in  the
    12  opinion of a physician, requires such care.
    13    §  3.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law.
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