S T A T E O F N E W Y O R K
________________________________________________________________________
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.