S T A T E   O F   N E W   Y O R K
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                                  6708

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Health

AN  ACT  to  amend  the  public  health law, in relation to establishing
  certain requirements for hospital discharge plans

  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
2803-s to read as follows:
  S 2803-S. GENERAL HOSPITAL DISCHARGE  FORM.  1.  IN  ADDITION  TO  THE
REQUIREMENTS  FOR  THE DISCHARGE OF A PATIENT SET FORTH IN SECTION TWEN-
TY-EIGHT HUNDRED THREE-I OF THIS  ARTICLE  OR  IN  ANY  OTHER  LAW,  THE
REQUIREMENTS SET FORTH IN THIS SECTION SHALL APPLY TO ALL IN-PATIENT AND
OUT-PATIENT DISCHARGES. THE PURPOSE OF THIS SECTION IS TO RECOGNIZE THAT
RECOVERY  MAY  CONTINUE FOLLOWING DISCHARGE AND TO ADEQUATELY INFORM THE
PATIENT AS TO WHAT TO EXPECT DURING SUCH  TIME  TO  ENSURE  THAT  PROPER
PRECAUTIONS ARE TAKEN IN ALL STAGES OF RECOVERY.
  2.  UPON DISCHARGE, A GENERAL HOSPITAL MUST PROVIDE THE PATIENT WITH A
DISCHARGE FORM WHICH CLEARLY AND CONCISELY INDICATES TO THE PATIENT WHEN
IT IS NECESSARY THAT HE OR SHE  SEEK  FURTHER  MEDICAL  ATTENTION.  SUCH
DISCHARGE FORM SHALL PROVIDE THE PATIENT WITH THE FOLLOWING INFORMATION,
STRUCTURED  ACCORDING  TO  THREE  LEVELS OF SEVERITY NOTED  BY COLOR, AS
INDICATED:
  (A) WHAT TO EXPECT DURING THE NORMAL COURSE OF RECOVERY (GREEN);
  (B) WHAT SYMPTOMS OR COMBINATION OF SYMPTOMS NECESSITATE HE OR SHE  TO
CALL HIS OR HER PHYSICIAN (YELLOW);
  (C)  WHAT SYMPTOMS OR COMBINATION OF SYMPTOMS NECESSITATE HE OR SHE TO
SEEK EMERGENCY CARE (RED).
  3. WITHIN NINETY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
COMMISSIONER  IN  CONSULTATION WITH THE COUNCIL SHALL ESTABLISH BY REGU-
LATION, A STANDARD DISCHARGE FORM OR FORMS TO FULFILL  THE  REQUIREMENTS
SET  FORTH  IN  SUBDIVISION TWO OF THIS SECTION. SUCH STANDARD DISCHARGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09649-01-9
              

A. 6708                             2

FORM OR FORMS MAY BE USED BY ANY GENERAL HOSPITAL FOR THE  DISCHARGE  OF
PATIENTS UNDERGOING SERIOUS IN-PATIENT AND OUT-PATIENT PROCEDURES.
  4.  IN  ORDER TO ENSURE CONSISTENCY IN DISCHARGE PROCEDURES THROUGHOUT
THE STATE, THE COMMISSIONER  IN  CONSULTATION  WITH  THE  COUNCIL  SHALL
DEVELOP  ADDITIONAL STANDARD DISCHARGE FORMS WHICH SHALL BE TAILORED FOR
SPECIFIC MEDICAL PROCEDURES UNDERGONE BY PATIENTS. THE COUNCIL IS HEREBY
DIRECTED TO DEVELOP OR ADOPT A COMPUTER PROGRAM TO FULFILL THE  REQUIRE-
MENTS OF THIS SUBDIVISION.
  5.  A  DISCHARGE  FORM  PROVIDED TO A PATIENT PURSUANT TO THIS SECTION
SHALL BE APPROVED AND SIGNED BY THE PHYSICIAN WHO TREATED SUCH  PATIENT.
ANY  HOSPITAL  STAFF  MEMBER  DIRECTED  TO  VISIT  THE PATIENT FOLLOWING
DISCHARGE, INCLUDING BUT NOT  LIMITED  TO  A  NURSE,  CERTIFIED  NURSE'S
ASSISTANT,  OR PHYSICAL THERAPIST, SHALL ALSO SIGN THE DISCHARGE FORM TO
INDICATE HE OR SHE UNDERSTANDS  THE  MEDICAL  INFORMATION  THEREIN.  THE
PATIENT, OR IF HE OR SHE IS BEING DISCHARGED TO A FAMILY MEMBER THEN THE
FAMILY  MEMBER  SHALL ALSO SIGN THE DISCHARGE FORM TO INDICATE HE OR SHE
UNDERSTANDS THE DIRECTIONS THEREIN.
  6. NO CAUSE OF ACTION SHALL RESULT FROM THE OMISSION OF INFORMATION ON
A STANDARD DISCHARGE FORM PROVIDED TO A PATIENT PURSUANT TO THIS SECTION
WHERE THE PHYSICIAN EXERCISED HIS OR HER REASONABLE  PROFESSIONAL  JUDG-
MENT IN OMITTING SUCH INFORMATION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law. The commissioner of health  is  authorized  to  imme-
diately  promulgate any rules and regulations necessary to implement the
purposes of this act on or before such effective date.