BILL NUMBER:A10446
TITLE OF BILL: An act to amend the public health law, in relation to
the observational care unit demonstration program
PURPOSE: This bill would create a demonstration program in order to
permit medical practices, which do not otherwise meet the definition of
a hospital, to establish an enhanced level of care in an observation
care unit for those patients, who in the opinion of the supervising
physician in the medical practice are not sick enough to be admitted to
a hospital, but are not well enough to be released to their own self
care.
SUMMARY OF PROVISIONS: Section 1 of the bill would amend the Public
Health Law to create an Observation Care unit Demonstration program.
Following a review and recommendation from the state hospital review and
planning council, the Commissioner would be,authorized to approve up to
five medical practices statewide for this new unit. The medical prac-
tices must serve underserved rural areas of the state. The care provided
would be limited and not exceed twenty-four hours. The care provided in
these units would be designed to resolve a patient's acute care medical
problems, test, diagnose, stabilize and rapidly treat patients who are
in need of a level of treatment, which in the medical opinion of the
treating physician does not require immediate inpatient admission to a
hospital, but who are also not yet health enough for immediate discharge
to their home or another community based setting.
S T A T E O F N E W Y O R K
________________________________________________________________________
10446
I N A S S E M B L Y
March 26, 2010
___________
Introduced by M. of A. GABRYSZAK -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the observational
care unit demonstration program
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
2802-b to read as follows:
S 2802-B. OBSERVATIONAL CARE UNIT DEMONSTRATION PROGRAM. 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER IS
AUTHORIZED TO APPROVE UP TO FIVE MEDICAL PRACTICES WITHIN THE STATE IN
UNDERSERVED RURAL AREAS OF THE STATE TO OPERATE OBSERVATIONAL CARE UNITS
BY AND WITHIN SUCH MEDICAL PRACTICES. FOR PURPOSES OF THIS SECTION,
"OBSERVATIONAL CARE" SHALL MEAN THOSE SERVICES FURNISHED BY A MEDICAL
PRACTICE ON PREMISES, INCLUDING USE OF A BED AND PERIODIC MONITORING BY
A MEDICAL PRACTICE'S NURSING OR OTHER STAFF, WHICH ARE REASONABLE AND
NECESSARY TO EVALUATE AN OUTPATIENT'S CONDITION OR DETERMINE THE NEED
FOR A POSSIBLE ADMISSION TO A HOSPITAL AS AN INPATIENT OR CONTINUE TO
NEED SPECIALIZED MEDICAL, NURSING AND OTHER HOSPITAL ANCILLARY SERVICES
AND ARE NOT YET APPROPRIATE FOR DISCHARGE.
2. IN ORDER TO RECEIVE APPROVAL FROM THE COMMISSIONER TO OPERATE AN
OBSERVATIONAL UNIT AND TO PROVIDE OBSERVATIONAL CARE SERVICES, A MEDICAL
PRACTICE SHALL FILE AN APPLICATION ON FORMS PRESCRIBED BY OR ACCEPTABLE
TO THE COMMISSIONER.
(A) THE COMMISSIONER SHALL ACT UPON SUCH APPLICATIONS IN A MANNER
CONSISTENT WITH SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE
PROVIDED THAT THE COMMISSIONER MAY NOT WAIVE REVIEW AND RECOMMENDATION
BY THE STATE HOSPITAL REVIEW AND PLANNING COUNCIL. IN THE STATE HOSPITAL
REVIEW AND PLANNING COUNCIL'S EVALUATION OF APPLICATIONS AND THE COMMIS-
SIONER ACTING UPON SUCH APPLICATIONS, PRIORITY SHALL BE GIVEN TO APPLI-
CANTS WHO ARE SERVING PATIENTS LOCATED IN A MEDICALLY UNDERSERVED RURAL
SERVICE AREA. FURTHER, IN THE STATE HOSPITAL REVIEW AND PLANNING COUNCIL
EVALUATING APPLICATIONS AND THE COMMISSIONER ACTING UPON SUCH APPLICA-
TIONS, CONSIDERATION SHALL ALSO BE GIVEN TO THE GEOGRAPHIC DISTRIBUTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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