senate Bill S7031A

Signed By Governor
2011-2012 Legislative Session

Regulates the provision of observation services by general hospitals

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Archive: Last Bill Status Via A10518 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 03, 2012 approval memo.17
signed chap.471
Sep 21, 2012 delivered to governor
Jun 19, 2012 returned to assembly
passed senate
3rd reading cal.819
substituted for s7031a
Jun 19, 2012 substituted by a10518a
Jun 13, 2012 amended on third reading (t) 7031a
vote reconsidered - restored to third reading
Jun 13, 2012 returned to senate
recalled from assembly
Jun 05, 2012 referred to ways and means
delivered to assembly
passed senate
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.819
Apr 24, 2012 referred to health

Votes

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May 15, 2012 - Health committee Vote

S7031
12
0
committee
12
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S7031 - Bill Details

See Assembly Version of this Bill:
A10518A
Law Section:
Public Health Law
Laws Affected:
Add §2805-u, Pub Health L

S7031 - Bill Texts

view summary

Regulates the provision of observation services by general hospitals.

view sponsor memo
BILL NUMBER:S7031

TITLE OF BILL:
An act to amend the public health law, in relation to non-emergent
treatment in hospitals of nonadmitted patients

PURPOSE OR GENERAL IDEA OF BILL:
This bill would ensure that hospitals have the maximum flexibility
necessary to successfully implement observational levels of care in New
York State while abiding by federal requirements.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the section heading of section 2805-b of
the public health law.

Section 2 of the bill adds a new subdivision 6 of section 2805-b of the
public health law which requires the commissioner of health, when issu-
ing rules or regulations concerning "observational units," to ensure
they conform with federal Medicare rules and provided sufficient flexi-
bility to allow hospitals to successfully implement new requirements.

Section 3 of the bill provides for an effective date.

JUSTIFICATION:
The federal government requires that hospitals make a distinction
between admitting a patient and observing a patient to further evaluate
the patient's condition and need for an admission. The federal Centers
for Medicare and Medicaid Services (CMS) are auditing hospitals to
enforce these provisions, and the New York State Department of Health
has established regulations on Observation Unit Operating Standards
effective January 11, 2012. There has been concern expressed that the
State Regulations may impose restrictions on hospitals that go beyond
those of the federal government and could result in unnecessary costs
and disruption of care and treatment patterns of some hospitals. For
example, the regulations require that observations beds be under the
Emergency Department and a discrete unit. Depending on a hospital's
physical plan, this could require capital construction and many hospi-
tals prefer to scatter observation beds among clinical specialties to
better monitor patients - rather than have them remain under the juris-
diction of the Emergency Department. Additionally, the maximum stay in
an observation unit should be extended from 24 to 48 hours as provided
for in the federal regulations.

This bill will provide hospitals with the flexibility they need to abide
by the federal requirements when establishing and operating "observation
units" by clarifying how these regulations should be implemented.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
Immediately.

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

                                  7031

                            I N  S E N A T E

                             April 24, 2012
                               ___________

Introduced  by  Sen.  HANNON -- 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  non-emergent
  treatment in hospitals of nonadmitted patients

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading of section 2805-b of the public  health
law,  as  amended by chapter 787 of the laws of 1983, is amended to read
as follows:
  Admission of patients, and emergency  AND  NON-EMERGENT  treatment  of
nonadmitted patients.
  S  2.  Section  2805-b of the public health law is amended by adding a
new subdivision 6 to read as follows:
  6. IN ANY IMPLEMENTATION OF PROVISIONS FOR  AN  OBSERVATION  LEVEL  OF
CARE, THE COMMISSIONER SHALL:
  (A)  ALLOW FOR THE PROVISION OF OBSERVATION CARE FOR A PERIOD OF UP TO
FORTY-EIGHT HOURS FROM THE TIME  THE  PHYSICIAN  ORDER  FOR  OBSERVATION
SERVICES IS ISSUED;
  (B) ALLOW A GENERAL HOSPITAL TO DETERMINE THE PROPER CLINICAL AREA AND
LOCATION  FOR  THE CARE OF A SPECIFIC PATIENT REQUIRING OBSERVATION CARE
BASED ON THE NEEDS OF THE PATIENT AND THE AVAILABILITY  OF  SERVICES  TO
MEET THOSE NEEDS;
  (C) ALLOW A GENERAL HOSPITAL TO DETERMINE WHETHER IT WILL PROVIDE SUCH
CARE IN A DISTINCT PHYSICAL SPACE; AND
  (D) PROVIDE MEDICAL ASSISTANCE COVERAGE FOR OBSERVATION CARE.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15412-01-2

S7031A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10518A
Law Section:
Public Health Law
Laws Affected:
Add §2805-u, Pub Health L

S7031A (ACTIVE) - Bill Texts

view summary

Regulates the provision of observation services by general hospitals.

view sponsor memo
BILL NUMBER:S7031A

TITLE OF BILL:
An act
to amend the public health law, in relation to
hospital observation services

PURPOSE:
To ensure that hospitals have necessary flexibility to implement
observational levels of care in while abiding by federal requirements.

SUMMARY OF PROVISIONS:
Section 1 adds a new section 2805-u to the Public Health Law
establishing standards for the provision of general hospital
observation services.

Section 2 provides an immediate effective date.

JUSTIFICATION:
The federal government requires hospitals make a distinction between
admitting a patient and observing a patient to further evaluate the
patient's condition and need for an admission. The federal Centers
for Medicare and Medicaid Services (CMS) are auditing hospitals to
enforce these provisions, and the New York State Department of Health
has established regulations on Observation Unit Operating Standards
effective January 11, 2012. There has been concern expressed that the
State Regulations may impose restrictions on hospitals that go beyond
those of the federal government and could result in unnecessary costs
and disruption of care and treatment patterns of some hospitals. For
example, the regulations require that observations beds be under the
Emergency Department and a discrete unit. Depending on a hospital's
physical plan, this could require capital construction and many
hospitals prefer to scatter observation beds among clinical
specialties to better monitor patients - rather than have them remain
under the jurisdiction of the Emergency Department. Additionally, the
maximum stay in an observation unit should be extended from 24 to 48
hours as provided for in the federal regulations.

This bill will provide hospitals with the flexibility they need to
abide by the federal requirements when establishing and operating
"observation units" by clarifying how these regulations should be
implemented.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7031--A
    Cal. No. 819

                            I N  S E N A T E

                             April 24, 2012
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT to amend the public health law, in relation to hospital observa-
  tion services

  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
2805-u to read as follows:
  S 2805-U. OBSERVATION SERVICES. 1.  IF  A  GENERAL  HOSPITAL  PROVIDES
OBSERVATION SERVICES, SUCH SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH
THIS SECTION, AND REGULATIONS ADOPTED BY THE COUNCIL AND APPROVED BY THE
COMMISSIONER.
  2.  OBSERVATION  SERVICES  MAY  BE  PROVIDED  FOR  A  PERIOD  OF UP TO
FORTY-EIGHT HOURS FROM THE TIME THE ORDER FOR  OBSERVATION  SERVICES  IS
ISSUED.
  3.  BASED  ON  THE  CLINICAL NEEDS OF THE PATIENT, THE AVAILABILITY OF
SERVICES TO MEET THOSE NEEDS AND  PATIENT  SAFETY,  A  GENERAL  HOSPITAL
SHALL  DETERMINE  (A)  THE  PROPER  CLINICAL  LOCATION FOR THE CARE OF A
SPECIFIC PATIENT REQUIRING OBSERVATION SERVICES,  INCLUDING  WHETHER  OR
NOT  TO  PROVIDE SUCH SERVICES IN A DISTINCT PHYSICAL SPACE, AND (B) THE
APPROPRIATE OVERSIGHT OF OBSERVATION SERVICES.
  4. THE COMMISSIONER SHALL DEVELOP  OUTPATIENT  RATES  FOR  OBSERVATION
SERVICES  PROVIDED  IN ACCORDANCE WITH THIS SECTION TO PATIENTS ELIGIBLE
FOR PAYMENTS MADE BY STATE GOVERNMENTAL ENTITIES.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15412-02-2

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