S T A T E O F N E W Y O R K
________________________________________________________________________
5070
2011-2012 Regular Sessions
I N A S S E M B L Y
February 11, 2011
___________
Introduced by M. of A. HAYES, HAWLEY, KOLB -- Multi-Sponsored by -- M.
of A. MONTESANO -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to requiring hospi-
tals to make the patients' bill of rights available by non-visual
access
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (g) of subdivision 1 of section 2803 of the
public health law, as added by chapter 2 of the laws of 1988, is amended
to read as follows:
(g) The commissioner shall require that every general hospital adopt
and make public an identical statement of the rights and responsibil-
ities of patients, including a patient complaint and quality of care
review process, a right to an appropriate patient discharge plan and for
patients other than beneficiaries of title XVIII of the federal social
security act (medicare) a right to a discharge review in accordance with
section twenty-eight hundred three-i of this article. The form and
content of such statement shall be determined in accordance with rules
and regulations adopted by the council and approved by the commissioner.
EVERY GENERAL HOSPITAL SHALL MAKE SUCH STATEMENT OF RIGHTS AND RESPONSI-
BILITIES AVAILABLE BY NON-VISUAL ACCESS, WHETHER BY SYNTHESIZED SPEECH,
BRAILLE, AUDIO OR OTHER APPROPRIATE MEANS NOT REQUIRING SIGHT, FOR BLIND
AND VISUALLY IMPAIRED PATIENTS. A patient who requires continuing health
care services in accordance with such patient's discharge plan may not
be discharged until such services are secured or determined by the
hospital to be reasonably available to the patient. Each general hospi-
tal shall give a copy of the statement to each patient, or the appointed
personal representative of the patient at or prior to the time of admis-
sion to the general hospital, as long as the patient or the appointed
personal representative of the patient receives such notice no earlier
than fourteen days before admission. Such statement shall also be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08736-01-1
A. 5070 2
conspicuously posted by the hospital and shall be a part of the
patient's admission package. Nothing herein contained shall be construed
to limit any authority vested in the commissioner pursuant to this arti-
cle related to the operation of hospitals and care and services provided
to patients.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.