Assembly Bill A1917A

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

                                 1917--A
                                                         Cal. No. 10

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. ORTIZ, RIVERA, CRESPO, OTIS, STEVENSON -- Multi-
  Sponsored by -- M. of A. COOK,  FARRELL,  GOTTFRIED,  HEASTIE,  PERRY,
  RAMOS,  ROBINSON, WRIGHT -- read once and referred to the Committee on
  Health -- reported  from  committee,  advanced  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place on the order of
  third reading

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 CONCERNING THEIR INSURANCE OR METHOD  OF
PAYMENT PRIOR TO RECEIVING TREATMENT."
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD05298-02-3

A. 1917--A                          2

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
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.