senate Bill S7031

Amended

Regulates the provision of observation services by general hospitals

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 24 / Apr / 2012
    • REFERRED TO HEALTH
  • 15 / May / 2012
    • 1ST REPORT CAL.819
  • 16 / May / 2012
    • 2ND REPORT CAL.
  • 21 / May / 2012
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2012
    • PASSED SENATE
  • 05 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 05 / Jun / 2012
    • REFERRED TO WAYS AND MEANS
  • 13 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 13 / Jun / 2012
    • RETURNED TO SENATE
  • 13 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 13 / Jun / 2012
    • AMENDED ON THIRD READING (T) 7031A
  • 19 / Jun / 2012
    • SUBSTITUTED BY A10518A

Summary

Regulates the provision of observation services by general hospitals.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A10518
Versions:
S7031
S7031A
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd ยง2805-b, Pub Health L

Sponsor Memo

BILL NUMBER:S7031

TITLE OF BILL:
An act to amend the public health law, in relation to non-emergent
treatment in hospitals of nonadmitted patients

PURPOSE OR GENERAL IDEA OF BILL:
This bill would ensure that hospitals have the maximum flexibility
necessary to successfully implement observational levels of care in New
York State while abiding by federal requirements.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the section heading of section 2805-b of
the public health law.

Section 2 of the bill adds a new subdivision 6 of section 2805-b of the
public health law which requires the commissioner of health, when issu-
ing rules or regulations concerning "observational units," to ensure
they conform with federal Medicare rules and provided sufficient flexi-
bility to allow hospitals to successfully implement new requirements.

Section 3 of the bill provides for an effective date.

JUSTIFICATION:
The federal government requires that hospitals make a distinction
between admitting a patient and observing a patient to further evaluate
the patient's condition and need for an admission. The federal Centers
for Medicare and Medicaid Services (CMS) are auditing hospitals to
enforce these provisions, and the New York State Department of Health
has established regulations on Observation Unit Operating Standards
effective January 11, 2012. There has been concern expressed that the
State Regulations may impose restrictions on hospitals that go beyond
those of the federal government and could result in unnecessary costs
and disruption of care and treatment patterns of some hospitals. For
example, the regulations require that observations beds be under the
Emergency Department and a discrete unit. Depending on a hospital's
physical plan, this could require capital construction and many hospi-
tals prefer to scatter observation beds among clinical specialties to
better monitor patients - rather than have them remain under the juris-
diction of the Emergency Department. Additionally, the maximum stay in
an observation unit should be extended from 24 to 48 hours as provided
for in the federal regulations.

This bill will provide hospitals with the flexibility they need to abide
by the federal requirements when establishing and operating "observation
units" by clarifying how these regulations should be implemented.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7031

                            I N  S E N A T E

                             April 24, 2012
                               ___________

Introduced  by  Sen.  HANNON -- 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  non-emergent
  treatment in hospitals of nonadmitted patients

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading of section 2805-b of the public  health
law,  as  amended by chapter 787 of the laws of 1983, is amended to read
as follows:
  Admission of patients, and emergency  AND  NON-EMERGENT  treatment  of
nonadmitted patients.
  S  2.  Section  2805-b of the public health law is amended by adding a
new subdivision 6 to read as follows:
  6. IN ANY IMPLEMENTATION OF PROVISIONS FOR  AN  OBSERVATION  LEVEL  OF
CARE, THE COMMISSIONER SHALL:
  (A)  ALLOW FOR THE PROVISION OF OBSERVATION CARE FOR A PERIOD OF UP TO
FORTY-EIGHT HOURS FROM THE TIME  THE  PHYSICIAN  ORDER  FOR  OBSERVATION
SERVICES IS ISSUED;
  (B) ALLOW A GENERAL HOSPITAL TO DETERMINE THE PROPER CLINICAL AREA AND
LOCATION  FOR  THE CARE OF A SPECIFIC PATIENT REQUIRING OBSERVATION CARE
BASED ON THE NEEDS OF THE PATIENT AND THE AVAILABILITY  OF  SERVICES  TO
MEET THOSE NEEDS;
  (C) ALLOW A GENERAL HOSPITAL TO DETERMINE WHETHER IT WILL PROVIDE SUCH
CARE IN A DISTINCT PHYSICAL SPACE; AND
  (D) PROVIDE MEDICAL ASSISTANCE COVERAGE FOR OBSERVATION CARE.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15412-01-2

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.