Senate Bill S3878A

2011-2012 Legislative Session

Requires general hospitals to post patient rights and provides that hospital personnel shall not inquire as to a patients' immigration status

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2012	print number 3878a
Feb 15, 2012	amend and recommit to health
Jan 04, 2012	referred to health
Mar 08, 2011	referred to health

Bill Amendments

co-Sponsors

2011-S3878 - Details

See Assembly Version of this Bill:: A841
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2801-h, amd §2805-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6478
2013-2014: S1791, A1917
2015-2016: S334, A5853
2017-2018: S2373

2011-S3878 - Summary

Requires all general hospitals, which provide emergency services, to post patient rights and provides that hospital personnel, prior to providing treatment, shall not inquire as to a patient's immigration status.

2011-S3878 - Sponsor Memo

                                BILL NUMBER:S3878

TITLE OF BILL:
An act
to amend the public health law, in relation to patient rights

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure
that immediate hospitalization is given to any person in need,
regardless of legal status, as well as to inform patients of their
rights in such circumstances.

SUMMARY OF SPECIFIC PROVISIONS:
The public health law is amended by
adding a new section 2801-h that mandates the posting of patients'
rights in cases of immediate hospitalization. A sign, no less than
eight and one-half inches by fourteen inches must be posted
conspicuously stating that "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 immigration status. No patient shall be required to answer
questions prior to providing treatment concerning their insurance or
method of payment."

Subdivision 1 of section 2805-b of the public health law is amended so
that all general hospitals which provide emergency services may not

inquire as to the patient's immigration status prior to providing
treatment. Nor shall the patient be required to answer questions
relating to his or her immigration status after treatment is provided.

JUSTIFICATION:
Many people who are in dire need of immediate
hospitalization do not seek the proper medical attention due to
uncertainty or a fear of being reported to the INS, if they are
undocumented. Undocumented people who do go to emergency rooms in
search of treatment are often frightened by questions from hospital
personnel before admittance.
By prohibiting staff from denying treatment due to legal status, or
inquiring into the legal status of a patient before providing
treatment, more undocumented people will seek the medical attention
they require in emergency situations.

All patients need to be reassured as to the admittance process as
well. Reassurance would be promoted by signs stating that immediate
hospitalization must be granted regardless of age, color, religion,
sex, national origin, disability, sexual orientation, source of
payment, or legal status, as well as, a patient's right to treatment
prior to answering questions regarding their insurance or method of
payment.

PRIOR LEGISLATIVE HISTORY:
2002    - A.10697 - Referred to Health.
2004    - A.3849-B Advanced to Third Reading Cal. 39
2005/06 - A.5504A - Passed Assembly
2007/08 - A.5930 - Referred to Health
2009/10 - A6478-A - Advanced to Third Reading


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.

2011-S3878 - Bill Text download pdf

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

                                  3878

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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-h to read as follows:
  S  2801-H. 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03706-01-1

S. 3878                             2

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.

co-Sponsors

2011-S3878A (ACTIVE) - Details

See Assembly Version of this Bill:: A841
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2801-h, amd §2805-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6478
2013-2014: S1791, A1917
2015-2016: S334, A5853
2017-2018: S2373

2011-S3878A (ACTIVE) - Summary

2011-S3878A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3878A

TITLE OF BILL:
An act
to amend the public health law, in relation to patient rights

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that immediate hospitalization
is given to any person in need, regardless of legal status, as well
as to inform patients of their rights in such circumstances.

SUMMARY OF SPECIFIC PROVISIONS:
The public health law is amended by adding a new section 2801-h that
mandates the posting of patients' rights in cases of immediate
hospitalization. A sign, no less than eight and one-half inches by
fourteen inches must be posted conspicuously stating that "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 immigration status. No patient
shall be required to answer questions prior to providing treatment
concerning their insurance or method of payment."

Subdivision 1 of section 2805-b of the public health law is amended so
that all general hospitals which provide emergency services may not
inquire as to the patient's immigration status prior to providing
treatment. Nor shall the patient be required to answer questions

relating to his or her immigration status after treatment is provided.

JUSTIFICATION:
Many people who are in dire need of immediate hospitalization do not
seek the proper medical attention due to uncertainty or a fear of
being reported to the INS, if they are undocumented. Undocumented
people who do go to emergency rooms in search of treatment are often
frightened by questions from hospital personnel before admittance. By
prohibiting staff from denying treatment due to legal status or
inquiring into the legal status of a patient before providing
treatment, more undocumented people will seek the medical attention
they require in emergency situations.

All patients need to be reassured as to the admittance process
as well.  Reassurance would be promoted by signs stating that
immediate hospitalization must be granted regardless of age, color,
religion, sex, national origin, disability, sexual orientation,
source of payment, or legal status, as well as a patient's right
to treatment prior to answering questions regarding their insurance
or method of payment.

PRIOR LEGISLATIVE HISTORY:
2002    - A.10697 - Referred to Health
2004    - A.3849B - Advanced to Third Reading Cal. 39
2005/06 - A.5504A - Passed Assembly
2007/08 - A.5930  - Referred to Health
2009/10 - A.6478A - Advanced to Third Reading

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.


EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2011-S3878A (ACTIVE) - Bill Text download pdf

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

                                 3878--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by  Sens.  ESPAILLAT,  MONTGOMERY, PERKINS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health  --  recommitted  to the Committee on Health in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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-h to read as follows:
  S  2801-H. 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 IMMIGRATION 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
after the patient's admission WITH THE EXCEPTION THAT THE PATIENT  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03706-03-2

S. 3878--A                          2

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.

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Senate Bill S3878A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

2011-S3878 - Details

2011-S3878 - Summary

2011-S3878 - Sponsor Memo

2011-S3878 - Bill Text download pdf

co-Sponsors

2011-S3878A (ACTIVE) - Details

2011-S3878A (ACTIVE) - Summary

2011-S3878A (ACTIVE) - Sponsor Memo

2011-S3878A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Adriano Espaillat

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

Velmanette Montgomery

Bill Perkins

2011-S3878 - Details

2011-S3878 - Summary

2011-S3878 - Sponsor Memo

2011-S3878 - Bill Text download pdf

co-Sponsors

Liz Krueger

Velmanette Montgomery

Bill Perkins

2011-S3878A (ACTIVE) - Details

2011-S3878A (ACTIVE) - Summary

2011-S3878A (ACTIVE) - Sponsor Memo

2011-S3878A (ACTIVE) - Bill Text download pdf

Comments