senate Bill S2079

Regulates the provision of observation services by general hospitals; repealer

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

  • 10 / Jan / 2013
    • REFERRED TO HEALTH
  • 24 / Jan / 2013
    • 1ST REPORT CAL.6
  • 28 / Jan / 2013
    • 2ND REPORT CAL.
  • 29 / Jan / 2013
    • ADVANCED TO THIRD READING
  • 04 / Feb / 2013
    • SUBSTITUTED BY A1988

Summary

Regulates the provision of observation services by general hospitals.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A1988
Versions:
S2079
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Rpld §2805-u, add §2805-v, Pub Health L

Votes

17
0
17
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S2079

TITLE OF BILL: An act to amend the public health law, in relation to
hospital observation services; and to repeal section 2805-u of the
public health law relating thereto

PURPOSE: To ensure that hospitals have necessary flexibility to
implement observational levels of care in accordance with Department
of Health regulations consistent with federal Medicare requirements.

SUMMARY OF PROVISIONS: Section 1 adds a new § 2805-v to the Public
Health Law, replacing § 2805-u, establishing standards for the
provision of general hospital observation services. The changes made
by this bill would:

* Provide greater flexibility to the Health Department in establishing
regulations consistent with federal standards;

* Require that patient clinical needs be determined in a prompt
fashion; and

* Require that hospitals develop and adopt policies and procedures for
observation services.

Section 2 provides an immediate effective date and is deemed to have
been in full force and effect on and after October 3, 2012.

JUSTIFICATION: Chapter 471 of 2012 (S. 7031-A/A.10518-A) added a new
section to the Public Health Law establishing standards for the
provision of hospital observation services consistent with federal
Medicare requirements. This bill would make certain amendments to
those provisions reflecting recommendations by the Department of
Health (DOH) as discussed in Governor's Approval Memo 17 of 2012.
These amendments improve the underlying chapter allowing hospital
flexibility in providing observation services, consistent with federal
standards, while maintaining appropriate Department of Health
oversight.

PRIOR LEGISLATIVE HISTORY: S. 7031-A/A.10518-A was signed into law as
Chapter 471 of 2012 with. the understanding that certain amendments
would be adopted to address Department of Health concerns (see
Approval Memo 17 of 2012).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately, deemed to have been in full force and
effect on and after October 3, 2012.

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

                                  2079

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

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 hospital  observa-
  tion  services;  and to repeal section 2805-u of the public health law
  relating thereto

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

  Section  1. Section 2805-u of the public health law, as added by chap-
ter 471 of the laws of 2012, is REPEALED.
  S 2. The public health law is amended by adding a new  section  2805-v
to read as follows:
  S  2805-V.  OBSERVATION  SERVICES.  1.  IF A GENERAL HOSPITAL PROVIDES
OBSERVATION SERVICES, SUCH SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH
THIS SECTION, AND REGULATIONS ADOPTED BY THE COUNCIL AND APPROVED BY THE
COMMISSIONER.
  2. OBSERVATION SERVICES MAY BE PROVIDED FOR SUCH PERIOD OF TIME AS  IS
PERMITTED  BY  THE COMMISSIONER BY REGULATION. SUCH REGULATIONS SHALL BE
CONSISTENT WITH FEDERAL POLICIES FOR PROVIDING OBSERVATION  SERVICES  TO
BENEFICIARIES, AS SET FORTH IN TITLE XVIII OF THE FEDERAL SOCIAL SECURI-
TY  ACT  (MEDICARE),  EXCEPT  WHERE  NECESSARY, IN THE DISCRETION OF THE
COMMISSIONER, TO PROTECT AND PROMOTE PATIENT CARE AND SAFETY.
  3. BASED ON THE CLINICAL NEEDS OF THE PATIENT, WHICH SHALL  BE  DETER-
MINED  IN  PROMPT  FASHION BY APPROPRIATE STAFF, AND THE AVAILABILITY OF
SERVICES TO MEET THOSE NEEDS AND  PATIENT  SAFETY,  A  GENERAL  HOSPITAL
SHALL  DETERMINE  (A)  THE  PROPER  CLINICAL  LOCATION FOR THE CARE OF A
SPECIFIC PATIENT REQUIRING OBSERVATION SERVICES,  INCLUDING  WHETHER  OR
NOT  TO  PROVIDE SUCH SERVICES IN A DISTINCT PHYSICAL SPACE, AND (B) THE
APPROPRIATE OVERSIGHT OF OBSERVATION SERVICES.
  4. EVERY GENERAL HOSPITAL PROVIDING OBSERVATION SERVICES SHALL DEVELOP
AND ADOPT POLICIES AND PROCEDURES FOR OBSERVATION  SERVICES,  INCLUDING:
(A) ASSIGNMENT OF A PROVIDER WHO WILL BE RESPONSIBLE FOR THE CARE OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04593-01-3

S. 2079                             2

PATIENT  AND  TIMELY  DISCHARGE  FROM OBSERVATION SERVICES; (B) CLINICAL
CRITERIA FOR OBSERVATION ASSIGNMENT AND DISCHARGE; AND  (C)  INTEGRATION
WITH QUALITY ASSURANCE ACTIVITIES OF THE HOSPITAL.
  5.  THE  COMMISSIONER  SHALL  DEVELOP OUTPATIENT RATES FOR OBSERVATION
SERVICES PROVIDED IN ACCORDANCE WITH THIS SECTION TO  PATIENTS  ELIGIBLE
FOR PAYMENTS MADE BY STATE GOVERNMENTAL ENTITIES.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after October 3, 2012.

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.