Requires certain requirements for hospital discharge plans; requires that a standard form be used for discharges, with information pertaining to what to expect during a normal course of recovery (color coded in GREEN), what symptoms should prompt calling the physician (color coded in YELLOW), and what symptoms should prompt seeking emergency medical care (color coded in RED).
STATE OF NEW YORK
________________________________________________________________________
6708
2009-2010 Regular Sessions
IN ASSEMBLY
March 11, 2009
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to establishing
certain requirements for hospital discharge plans
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 2803-s to read as follows:
3 § 2803-s. General hospital discharge form. 1. In addition to the
4 requirements for the discharge of a patient set forth in section twen-
5 ty-eight hundred three-i of this article or in any other law, the
6 requirements set forth in this section shall apply to all in-patient and
7 out-patient discharges. The purpose of this section is to recognize that
8 recovery may continue following discharge and to adequately inform the
9 patient as to what to expect during such time to ensure that proper
10 precautions are taken in all stages of recovery.
11 2. Upon discharge, a general hospital must provide the patient with a
12 discharge form which clearly and concisely indicates to the patient when
13 it is necessary that he or she seek further medical attention. Such
14 discharge form shall provide the patient with the following information,
15 structured according to three levels of severity noted by color, as
16 indicated:
17 (a) what to expect during the normal course of recovery (GREEN);
18 (b) what symptoms or combination of symptoms necessitate he or she to
19 call his or her physician (YELLOW);
20 (c) what symptoms or combination of symptoms necessitate he or she to
21 seek emergency care (RED).
22 3. Within ninety days of the effective date of this section, the
23 commissioner in consultation with the council shall establish by regu-
24 lation, a standard discharge form or forms to fulfill the requirements
25 set forth in subdivision two of this section. Such standard discharge
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09649-01-9
A. 6708 2
1 form or forms may be used by any general hospital for the discharge of
2 patients undergoing serious in-patient and out-patient procedures.
3 4. In order to ensure consistency in discharge procedures throughout
4 the state, the commissioner in consultation with the council shall
5 develop additional standard discharge forms which shall be tailored for
6 specific medical procedures undergone by patients. The council is hereby
7 directed to develop or adopt a computer program to fulfill the require-
8 ments of this subdivision.
9 5. A discharge form provided to a patient pursuant to this section
10 shall be approved and signed by the physician who treated such patient.
11 Any hospital staff member directed to visit the patient following
12 discharge, including but not limited to a nurse, certified nurse's
13 assistant, or physical therapist, shall also sign the discharge form to
14 indicate he or she understands the medical information therein. The
15 patient, or if he or she is being discharged to a family member then the
16 family member shall also sign the discharge form to indicate he or she
17 understands the directions therein.
18 6. No cause of action shall result from the omission of information on
19 a standard discharge form provided to a patient pursuant to this section
20 where the physician exercised his or her reasonable professional judg-
21 ment in omitting such information.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law. The commissioner of health is authorized to imme-
24 diately promulgate any rules and regulations necessary to implement the
25 purposes of this act on or before such effective date.
