S T A T E O F N E W Y O R K
________________________________________________________________________
4884
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
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Introduced by M. of A. ALESSI -- Multi-Sponsored by -- M. of A. EDDING-
TON -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to promulgation of
rules and regulations related to treatment procedures in rehabili-
tation facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Martha DeFiore act".
S 2. The public health law is amended by adding a new section 2803-s
to read as follows:
S 2803-S. RULES AND REGULATIONS RELATED TO TREATMENT PROCEDURES IN
REHABILITATION FACILITIES. THE COMMISSIONER, PURSUANT TO THE POWERS AND
DUTIES OF SECTION TWENTY-EIGHT HUNDRED THREE OF THIS ARTICLE, SHALL
PROMULGATE RULES AND REGULATIONS RELATED TO TREATMENT PROCEDURES IN
REHABILITATION FACILITIES, INCLUDING BUT NOT LIMITED TO, REQUIRING THAT:
(A) NO FEWER THAN TWO LICENSED PHYSICIANS IN DIFFERENT PRACTICE AREAS
SHALL APPROVE A PATIENT FOR DISCHARGE FROM A MEDICAL FACILITY TO A REHA-
BILITATION FACILITY;
(B) PATIENTS ENTERING A REHABILITATION FACILITY MUST BE EVALUATED BY A
LICENSED PHYSICIAN WITHIN TWENTY-FOUR HOURS OF ADMISSION;
(C) PATIENTS IN REHABILITATION FACILITIES WHO EXHIBIT SIGNS OF A
MEDICAL CONDITION UNRELATED TO THEIR CONDITION FOR REHABILITATION MUST
BE RETURNED WITHIN TWENTY-FOUR HOURS AFTER THE ONSET OF SUCH MEDICAL
CONDITION TO A MEDICAL FACILITY FOR EVALUATION BY A LICENSED PHYSICIAN.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08059-01-9