Creates the observational care unit demonstration program; authorizes the commissioner of health to approve up to five medical practices in underserved rural areas of the state to operate such program; defines "observational care".
STATE OF NEW YORK
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4413
2013-2014 Regular Sessions
IN ASSEMBLY
February 5, 2013
___________
Introduced by M. of A. GABRYSZAK -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the observational
care unit demonstration program
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 2802-b to read as follows:
3 § 2802-b. Observational care unit demonstration program. 1. Notwith-
4 standing any other provision of law to the contrary, the commissioner is
5 authorized to approve up to five medical practices within the state in
6 underserved rural areas of the state to operate observational care units
7 by and within such medical practices. For purposes of this section,
8 "observational care" shall mean those services furnished by a medical
9 practice on premises, including use of a bed and periodic monitoring by
10 a medical practice's nursing or other staff, which are reasonable and
11 necessary to evaluate an outpatient's condition or determine the need
12 for a possible admission to a hospital as an inpatient or continue to
13 need specialized medical, nursing and other hospital ancillary services
14 and are not yet appropriate for discharge.
15 2. In order to receive approval from the commissioner to operate an
16 observational unit and to provide observational care services, a medical
17 practice shall file an application on forms prescribed by or acceptable
18 to the commissioner.
19 (a) The commissioner shall act upon such applications in a manner
20 consistent with section twenty-eight hundred two of this article
21 provided that the commissioner may not waive review and recommendation
22 by the state hospital review and planning council. In the state hospital
23 review and planning council's evaluation of applications and the commis-
24 sioner acting upon such applications, priority shall be given to appli-
25 cants who are serving patients located in a medically underserved rural
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08057-01-3
A. 4413 2
1 service area. Further, in the state hospital review and planning council
2 evaluating applications and the commissioner acting upon such applica-
3 tions, consideration shall also be given to the geographic distribution
4 of applicants throughout the state, so that applications may be approved
5 from the various geographic regions of the state.
6 (b) The care provided in an observational care unit shall be limited
7 in duration not to exceed twenty-four hours and designed to resolve a
8 patient's acute care medical problems, test, diagnose, stabilize and
9 treat rapidly patients who are in need of a level of treatment not
10 requiring immediate inpatient admission to a hospital facility and
11 appropriate discharge of such a patient to a home, residential health
12 care facility or other appropriate setting.
13 (c) In order to be approved to operate an observational care unit and
14 to provide observational care services, an applicant must comply with
15 and meet all applicable requirements of and conditions of participation
16 under title XVIII of the federal Social Security Act (Medicare).
17 3. The commissioner shall report to the governor and the legislature
18 concerning the implementation of this section and the operation of
19 observational care units within three years after the effective date of
20 this section.
21 § 2. This act shall take effect immediately.
