senate Bill S1791A

Requires general hospitals to post patient rights and provides that hospital personnel shall not inquire as to a patients' immigration status

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 06 / May / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 06 / May / 2013
    • PRINT NUMBER 1791A
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Requires all general hospitals, which provide emergency services, to post patient rights and provides that hospital personnel, prior to providing treatment, shall not inquire as to a patient's immigration status.

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Bill Details

See Assembly Version of this Bill:
A1917A
Versions:
S1791
S1791A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2801-h, amd §2805-b, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3878A, A841A
2009-2010: A6478A, A6478A
2007-2008: A5930, A5930

Sponsor Memo

BILL NUMBER:S1791A

TITLE OF BILL: An act to amend the public health law, in relation to
patient rights

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
ensure that immediate hospitalization is given to any person in need,
regardless of legal status, as well as to inform patients of their
rights in such circumstances.

SUMMARY OF SPECIFIC PROVISIONS: The public health law is amended by
adding a new section 2801-h that mandates the posting of Patients'
rights in cases of immediate hospitalization. A sign, no less than
eight and one-half inches by fourteen inches must be posted
conspicuously stating that "each patient shall have the right to
emergency treatment regardless of age, race, color, religion, sex,
national origin, disability, sexual orientation, source of payment, or
immigration status. No patient shall be required to answer questions
prior to providing treatment concerning their insurance or method of
payment."

Subdivision 1 of section 2805-b of the public health law is amended so
that all general hospitals which provide emergency services may not
inquire as to the patient's immigration status prior to providing
treatment. Nor shall the patient be required to answer questions
relating to his or her immigration status after treatment is provided.

JUSTIFICATION: Many people who are in dire need of immediate
hospitalization do not seek the proper medical attention due to
uncertainty or a fear of being reported to the INS, if they are
undocumented. Undocumented people who do go to emergency rooms in
search of treatment are often frightened by questions from hospital
personnel before admittance. 3y prohibiting staff from denying
treatment due to legal status or inquiring into the legal status of a
patient before providing treatment, more undocumented people will seek
the medical attention they require in emergency situations.

All patients need to be reassured as to the admittance process as
well. Reassurance would be promoted by signs stating that immediate
hospitalization must be granted regardless of age, color, religion,
sex, national origin, disability, sexual orientation, source of
payment, or legal status, as well as a patient's right to treatment
prior to answering questions regarding their insurance or method of
payment.

PRIOR LEGISLATIVE HISTORY: 2002- A.10697 - Referred to Health 2004-
A.38495 - Advanced to Third Reading Cal. 39 2005/06 - A.5604A - Passed
Assembly 2007/08 - A.5930 - Referred to Health 2009/10 - A.6478A -
Advanced to Third Reading

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.


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

                                 1791--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT,  KRUEGER,  MONTGOMERY, PERKINS -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Health  --  committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to patient rights

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

  Section  1.  The  public health law is amended by adding a new section
2801-h to read as follows:
  S 2801-H. PATIENT RIGHTS TO BE POSTED. THE COMMISSIONER SHALL  REQUIRE
ALL GENERAL HOSPITALS, WHICH PROVIDE EMERGENCY SERVICES, TO CONSPICUOUS-
LY POST IN A PROMINENT AND VISIBLE AREA A SIGN WHICH SHALL BE NO SMALLER
THAN  EIGHT  AND  ONE-HALF  INCHES  BY  FOURTEEN  INCHES AND WHICH SHALL
CONTAIN THE FOLLOWING LANGUAGE:
         "PATIENTS' RIGHTS IN CASE OF IMMEDIATE HOSPITALIZATION
  EACH PATIENT SHALL HAVE THE RIGHT TO EMERGENCY TREATMENT REGARDLESS OF
AGE, RACE, COLOR, RELIGION, SEX,  NATIONAL  ORIGIN,  DISABILITY,  SEXUAL
ORIENTATION,  SOURCE OF PAYMENT, OR IMMIGRATION STATUS. NO PATIENT SHALL
BE REQUIRED TO ANSWER QUESTIONS CONCERNING THEIR INSURANCE OR METHOD  OF
PAYMENT PRIOR TO RECEIVING TREATMENT."
  S  2.  Subdivision  1  of  section 2805-b of the public health law, as
amended by chapter 121 of the laws  of  1987,  is  amended  to  read  as
follows:
  1.  Every  general  hospital  shall admit any person who is in need of
immediate hospitalization with all convenient speed and shall not before
admission question the patient or  any  member  of  his  or  her  family
concerning  insurance,  credit or payment of charges, OR THE IMMIGRATION
STATUS OF THE PATIENT, provided[, however,] that the patient or a member
of his or her family shall agree to  supply  such  information  promptly
after  the patient's admission WITH THE EXCEPTION THAT THE PATIENT SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05298-03-3

S. 1791--A                          2

NOT BE REQUIRED TO ANSWER QUESTIONS RELATING TO HIS OR  HER  IMMIGRATION
STATUS.    However,  no  general  hospital  shall require any patient or
member of his or her family to write or to sign during those times  when
the religious tenets of such person temporarily prohibit him or her from
performing  such acts. No general hospital shall transfer any patient to
another hospital or health care facility on the grounds that the patient
is unable to pay or  guarantee  payment  for  services  rendered.  Every
general  hospital  which  maintains facilities for providing out-patient
emergency medical care must provide such care to any person who, in  the
opinion of a physician, requires such care.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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