NY State Senate Bill 2011-S4626

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Apr 13, 2011	referred to health

co-Sponsors

2011-S4626 (ACTIVE) - Details

See Assembly Version of this Bill:: A6253
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2803-t, Pub Health L

2011-S4626 (ACTIVE) - Summary

Enacts the "medical malpractice savings act"; directs the commissioner of health to promulgate rules and regulations requiring all facilities with obstetrical programs to establish and implement a comprehensive obstetrics program to reduce medical errors and improve patient outcomes.

2011-S4626 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4626

TITLE OF BILL:
An act
to amend the public health law, in relation to enacting the "medical
malpractice savings act"

PURPOSE:
To reduce instances of medical malpractice in hospitals in
order to improve patient care and reduce medical malpractice costs.

SUMMARY OF PROVISIONS:
Section 1 titles the bill the "medical malpractice savings act."

Section 2 presents the legislative findings.

Section 3 amends the public health law by adding a new section 2803-T
requiring the state health commissioner to promulgate rules requiring
all facilities with obstetrical programs to implement an obstetrics
safety program that in order to reduce medical errors. Facilities
will be required to report results of the program including deaths,
injuries and malpractice costs to the commissioner and the
information will be made available to the governor and legislator in
an annual report.

Section 4 provides that the act shall take effect immediately provided

the commissioner will promulgate necessary rules and regulations
within 180 days after the effective date.

JUSTIFICATION:
From 2003 to 2009 New York Presbyterian Hospital/Weill Cornell Medical
Center implemented a comprehensive obstetric patient safety program
to reduce medical errors and improve patient Care. Upon evaluation of
the program it was found that average yearly medical malpractice
compensation payments decreased from $27,591,610 between 2003-2006 to
$2,550,136 between 2007-2009 while sentinel events decreased from 5
in 2000 to none in 2008 and 2009. The success of the comprehensive
obstetric patient safety program should be replicated throughout the
state under the direction and guidance of the department of health.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPACT:
According to the findings of the state Medicaid Redesign Team, a
significant reduction in medical malpractice claim payouts in the
range of what will be achieved through this legislation will save the
state hundreds of millions of dollars in Medicaid costs.

EFFECTIVE DATE:
The act shall take effect immediately provided the
commissioner will promulgate necessary rules and regulations within
180 days after the effective date.

2011-S4626 (ACTIVE) - Bill Text download pdf

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

                                  4626

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  enacting  the
  "medical malpractice savings act"

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

  Section 1. This act shall be known and may be cited  as  the  "medical
malpractice savings act".
  S  2.  Legislative  findings. From 2003 to 2009, New York-Presbyterian
Hospital/Weill  Cornell  Medical  Center  implemented  a   comprehensive
obstetric  patient  safety program in order to reduce medical errors and
improve patient care. To evaluate its effect  on  compensation  payments
and  sentinel  events,  data was gathered on medical malpractice compen-
sation payments and sentinel events retrospectively from 2003, when  the
program  was initiated, through 2009. Average yearly medical malpractice
compensation payments decreased from $27,591,610  between  2003-2006  to
$2,550,136  between 2007-2009, while sentinel events decreased from 5 in
2000 to none in 2008 and  2009.  Clearly,  instituting  a  comprehensive
obstetric  patient safety program increases patient safety and decreases
medical malpractice compensation payments. The success of the New  York-
Presbyterian Hospital/Weill Cornell Medical Center comprehensive obstet-
ric  patient  safety  program  should be replicated throughout the state
under the direction and guidance of the department of health.
  S 3. The public health law is amended by adding a new  section  2803-t
to read as follows:
  S  2803-T.  COMPREHENSIVE  OBSTETRIC  PATIENT  SAFETY PROGRAMS. 1. THE
COMMISSIONER, DRAWING ON THE EXAMPLE OF THE  OBSTETRICS  SAFETY  PROGRAM
IMPLEMENTED  BY  NEW  YORK-PRESBYTERIAN  HOSPITAL/WEILL  CORNELL MEDICAL
CENTER AS DESCRIBED IN THE FEBRUARY 2011 ISSUE OF THE  AMERICAN  JOURNAL
OF  OBSTETRICS  &  GYNECOLOGY,  SHALL  PROMULGATE  RULES AND REGULATIONS
REQUIRING ALL FACILITIES WITH OBSTETRICAL PROGRAMS LICENSED  UNDER  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10066-02-1

S. 4626                             2

ARTICLE  TO  ESTABLISH  AND  IMPLEMENT A COMPREHENSIVE OBSTETRICS SAFETY
PROGRAM TO REDUCE MEDICAL ERRORS AND IMPROVE PATIENT OUTCOMES.
  2.  ALL  COVERED FACILITIES SHALL BE REQUIRED TO REPORT THE RESULTS OF
SUCH PROGRAMS, INCLUDING DEATHS, INJURIES AND MALPRACTICE  PAYMENTS  AND
OTHER  MALPRACTICE  COSTS TO THE COMMISSIONER AND SUCH INFORMATION SHALL
BE MADE AVAILABLE TO THE GOVERNOR AND LEGISLATURE IN AN  ANNUAL  REPORT.
FAILURE  TO  IMPLEMENT A COMPREHENSIVE OBSTETRICAL SAFETY PROGRAM AND/OR
FAILURE TO REPORT THE  SAFETY  AND  MALPRACTICE  EXPERIENCE  OF  SUCH  A
PROGRAM  SHALL BE GROUNDS FOR THE COMMISSIONER TO INVESTIGATE THE STAND-
ARD OF CARE AT SUCH A  HOSPITAL  AND  TAKE  APPROPRIATE  CORRECTIVE  AND
DISCIPLINARY ACTION.
  S  4.  This  act shall take effect immediately provided, however, that
the commissioner of health shall  promulgate  any  necessary  rules  and
regulations within one hundred eighty days after such effective date.

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Senate Bill S4626

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2011-S4626 (ACTIVE) - Details

2011-S4626 (ACTIVE) - Summary

2011-S4626 (ACTIVE) - Sponsor Memo

2011-S4626 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4626

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Joseph P. Addabbo Jr.

2011-S4626 (ACTIVE) - Details

2011-S4626 (ACTIVE) - Summary

2011-S4626 (ACTIVE) - Sponsor Memo

2011-S4626 (ACTIVE) - Bill Text download pdf

Comments