Establishes hospital-sponsored off campus emergency departments as a "hospital"; sets out specific standards for operations, staffing and capacity requirements.
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.
