S T A T E   O F   N E W   Y O R K
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                                 6478--A
                                                        Cal. No. 338

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2009
                               ___________

Introduced by M. of A. ORTIZ, GREENE, J. RIVERA, ESPAILLAT, EDDINGTON --
  Multi-Sponsored  by  --  M.  of  A. COOK, FARRELL, GOTTFRIED, HEASTIE,
  PERRY, RAMOS, ROBINSON, WRIGHT  --  read  once  and  referred  to  the
  Committee  on  Health  -- reported from committee, advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

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-g to read as follows:
  S  2801-G. 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 LEGAL STATUS.  NO  PATIENT  SHALL  BE
REQUIRED  TO  ANSWER  QUESTIONS  PRIOR TO PROVIDING TREATMENT CONCERNING
THEIR INSURANCE OR METHOD OF PAYMENT."
  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

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

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A. 6478--A                          2

after the patient's admission WITH THE EXCEPTION THAT THE PATIENT  SHALL
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.