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

                                  4665

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of  A.  J. 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-t to read as follows:
  S  2803-T.  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.
                                                           LBD08198-01-1
              

A. 4665                             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.