S T A T E O F N E W Y O R K
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
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ter 471 of the laws of 2012, is REPEALED.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
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.
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.