Relates to the implementation and use of a mandatory universal transfer form; requires a universal transfer form to be used by all licensed healthcare facilities or programs whenever a patient is transferred to another licensed healthcare facility or program; provides such form shall be sent as a hardcopy with the patient and an electronic copy sent within 24 hours of transfer.
STATE OF NEW YORK
________________________________________________________________________
3844
2013-2014 Regular Sessions
IN SENATE
February 22, 2013
___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the implementation
and use of a mandatory universal transfer form
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 2995-e to read as follows:
3 § 2995-e. Universal transfer form. 1. The department shall establish a
4 universal transfer form to be used by all licensed healthcare facilities
5 or programs whenever a patient is transferred to another licensed
6 healthcare facility or program.
7 2. The universal transfer form established by the department shall
8 include, but not be limited to, the following information:
9 (a) transfer from;
10 (b) transfer to;
11 (c) date and time of transfer;
12 (d) patient name;
13 (e) patient's date of birth;
14 (f) gender;
15 (g) primary language of patient;
16 (h) physician's name and phone number;
17 (i) contact person with information;
18 (j) reason for transfer;
19 (k) pain;
20 (l) primary, secondary, mental health diagnosis;
21 (m) restraints;
22 (n) respiratory needs;
23 (o) isolation/precautions;
24 (p) allergies;
25 (q) sensory;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09117-01-3
S. 3844 2
1 (r) skin conditions;
2 (s) IV access;
3 (t) diet;
4 (u) personal items sent with patient;
5 (v) attached documents;
6 (w) at-risk alerts;
7 (x) mental status;
8 (y) immunizations/screenings;
9 (z) bowel/bladder functions;
10 (aa) sending facility contact information;
11 (bb) contact information of the person who filled out the form.
12 3. The universal transfer form shall not be complete if medication
13 information is not attached.
14 4. (a) A licensed healthcare facility or program shall send a
15 completed, paper copy of the universal transfer form with a patient when
16 a patient is transferred.
17 (b) A licensed healthcare facility or program shall send an electronic
18 copy of the universal transfer form, with attachments, to the licensed
19 healthcare facility or program receiving the patient within twenty-four
20 hours the patient is transferred.
21 5. A licensed healthcare facility or program shall retain a completed
22 copy of the universal transfer form sent with a patient when a patient
23 is transferred as part of the patient's medical record.
24 6. A licensed healthcare facility or program shall develop and imple-
25 ment written policies and procedures addressing the required use of the
26 universal transfer form by a licensed healthcare facility or program's
27 staff, method of transportation, procedures for security of the resident
28 and all personal belongings or other items that accompany or immediately
29 follow a transferred resident.
30 7. Emergency departments shall be exempt from mandatory use of the
31 universal transfer form, but shall follow hospital procedures regarding
32 documentation.
33 8. The commissioner shall make, adopt, promulgate and enforce such
34 rules and regulations, as he or she may deem appropriate, to effectuate
35 the purposes of this section.
36 9. For purposes of this section, "healthcare facility" means the
37 facility or institution whether public or private, engaged principally
38 in providing services for health maintenance organizations, diagnosis,
39 or treatment of human disease, pain, injury, deformity, or physical
40 condition, including, but not limited to, a general hospital, special
41 hospital, mental hospital, public health center, diagnostic center,
42 treatment center, rehabilitation center, extended care facility, skilled
43 nursing home, nursing home, intermediate care facility, tuberculosis
44 hospital, chronic disease hospital, maternity hospital, outpatient clin-
45 ic, dispensary, home health care agency, residential healthcare facili-
46 ty, and bioanalytical laboratory (except as specifically excluded here-
47 under) or central services facility serving one or more such
48 institutions but excluding institutions that provide healing solely by
49 prayer and excluding such bioanalytical laboratories as are independent-
50 ly owned and operated, and are not owned, operated, managed, or
51 controlled, in whole or in part, directly or indirectly by any one or
52 more healthcare facilities, and the predominant source of business of
53 which is not by contract with healthcare facilities within the state of
54 New York and which solicit or accept specimens and operate predominantly
55 in interstate commerce.
S. 3844 3
1 § 2. This act shall take effect on the ninetieth day after it shall
2 have become a law. Effective immediately, the addition, amendment
3 and/or repeal of any rule or regulation necessary for the implementation
4 of this act on its effective date are authorized to be made and
5 completed on or before such effective date.
