Senate Bill S3844

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

                                  3844

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 22, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 the implementation
  and use of a mandatory universal transfer form

  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
2995-e to read as follows:
  S 2995-E. UNIVERSAL TRANSFER FORM. 1. THE DEPARTMENT SHALL ESTABLISH A
UNIVERSAL TRANSFER FORM TO BE USED BY ALL LICENSED HEALTHCARE FACILITIES
OR  PROGRAMS  WHENEVER  A  PATIENT  IS  TRANSFERRED  TO ANOTHER LICENSED
HEALTHCARE FACILITY OR PROGRAM.
  2. THE UNIVERSAL TRANSFER FORM ESTABLISHED  BY  THE  DEPARTMENT  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
  (A) TRANSFER FROM;
  (B) TRANSFER TO;
  (C) DATE AND TIME OF TRANSFER;
  (D) PATIENT NAME;
  (E) PATIENT'S DATE OF BIRTH;
  (F) GENDER;
  (G) PRIMARY LANGUAGE OF PATIENT;
  (H) PHYSICIAN'S NAME AND PHONE NUMBER;
  (I) CONTACT PERSON WITH INFORMATION;
  (J) REASON FOR TRANSFER;
  (K) PAIN;
  (L) PRIMARY, SECONDARY, MENTAL HEALTH DIAGNOSIS;
  (M) RESTRAINTS;
  (N) RESPIRATORY NEEDS;
  (O) ISOLATION/PRECAUTIONS;
  (P) ALLERGIES;
  (Q) SENSORY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09117-01-3
              

S. 3844                             2

  (R) SKIN CONDITIONS;
  (S) IV ACCESS;
  (T) DIET;
  (U) PERSONAL ITEMS SENT WITH PATIENT;
  (V) ATTACHED DOCUMENTS;
  (W) AT-RISK ALERTS;
  (X) MENTAL STATUS;
  (Y) IMMUNIZATIONS/SCREENINGS;
  (Z) BOWEL/BLADDER FUNCTIONS;
  (AA) SENDING FACILITY CONTACT INFORMATION;
  (BB) CONTACT INFORMATION OF THE PERSON WHO FILLED OUT THE FORM.
  3.  THE  UNIVERSAL  TRANSFER  FORM SHALL NOT BE COMPLETE IF MEDICATION
INFORMATION IS NOT ATTACHED.
  4. (A)  A  LICENSED  HEALTHCARE  FACILITY  OR  PROGRAM  SHALL  SEND  A
COMPLETED, PAPER COPY OF THE UNIVERSAL TRANSFER FORM WITH A PATIENT WHEN
A PATIENT IS TRANSFERRED.
  (B) A LICENSED HEALTHCARE FACILITY OR PROGRAM SHALL SEND AN ELECTRONIC
COPY  OF  THE UNIVERSAL TRANSFER FORM, WITH ATTACHMENTS, TO THE LICENSED
HEALTHCARE FACILITY OR PROGRAM RECEIVING THE PATIENT WITHIN  TWENTY-FOUR
HOURS THE PATIENT IS TRANSFERRED.
  5.  A LICENSED HEALTHCARE FACILITY OR PROGRAM SHALL RETAIN A COMPLETED
COPY OF THE UNIVERSAL TRANSFER FORM SENT WITH A PATIENT WHEN  A  PATIENT
IS TRANSFERRED AS PART OF THE PATIENT'S MEDICAL RECORD.
  6.  A LICENSED HEALTHCARE FACILITY OR PROGRAM SHALL DEVELOP AND IMPLE-
MENT WRITTEN POLICIES AND PROCEDURES ADDRESSING THE REQUIRED USE OF  THE
UNIVERSAL  TRANSFER  FORM BY A LICENSED HEALTHCARE FACILITY OR PROGRAM'S
STAFF, METHOD OF TRANSPORTATION, PROCEDURES FOR SECURITY OF THE RESIDENT
AND ALL PERSONAL BELONGINGS OR OTHER ITEMS THAT ACCOMPANY OR IMMEDIATELY
FOLLOW A TRANSFERRED RESIDENT.
  7. EMERGENCY DEPARTMENTS SHALL BE EXEMPT FROM  MANDATORY  USE  OF  THE
UNIVERSAL  TRANSFER FORM, BUT SHALL FOLLOW HOSPITAL PROCEDURES REGARDING
DOCUMENTATION.
  8. THE COMMISSIONER SHALL MAKE, ADOPT,  PROMULGATE  AND  ENFORCE  SUCH
RULES  AND REGULATIONS, AS HE OR SHE MAY DEEM APPROPRIATE, TO EFFECTUATE
THE PURPOSES OF THIS SECTION.
  9. FOR PURPOSES OF  THIS  SECTION,  "HEALTHCARE  FACILITY"  MEANS  THE
FACILITY  OR  INSTITUTION WHETHER PUBLIC OR PRIVATE, ENGAGED PRINCIPALLY
IN PROVIDING SERVICES FOR HEALTH MAINTENANCE  ORGANIZATIONS,  DIAGNOSIS,
OR  TREATMENT  OF  HUMAN  DISEASE,  PAIN, INJURY, DEFORMITY, OR PHYSICAL
CONDITION, INCLUDING, BUT NOT LIMITED TO, A  GENERAL  HOSPITAL,  SPECIAL
HOSPITAL,  MENTAL  HOSPITAL,  PUBLIC  HEALTH  CENTER, DIAGNOSTIC CENTER,
TREATMENT CENTER, REHABILITATION CENTER, EXTENDED CARE FACILITY, SKILLED
NURSING HOME, NURSING HOME,  INTERMEDIATE  CARE  FACILITY,  TUBERCULOSIS
HOSPITAL, CHRONIC DISEASE HOSPITAL, MATERNITY HOSPITAL, OUTPATIENT CLIN-
IC,  DISPENSARY, HOME HEALTH CARE AGENCY, RESIDENTIAL HEALTHCARE FACILI-
TY, AND BIOANALYTICAL LABORATORY (EXCEPT AS SPECIFICALLY EXCLUDED  HERE-
UNDER)   OR   CENTRAL   SERVICES  FACILITY  SERVING  ONE  OR  MORE  SUCH
INSTITUTIONS BUT EXCLUDING INSTITUTIONS THAT PROVIDE HEALING  SOLELY  BY
PRAYER AND EXCLUDING SUCH BIOANALYTICAL LABORATORIES AS ARE INDEPENDENT-
LY  OWNED  AND  OPERATED,  AND  ARE  NOT  OWNED,  OPERATED,  MANAGED, OR
CONTROLLED, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY BY  ANY  ONE  OR
MORE  HEALTHCARE  FACILITIES,  AND THE PREDOMINANT SOURCE OF BUSINESS OF
WHICH IS NOT BY CONTRACT WITH HEALTHCARE FACILITIES WITHIN THE STATE  OF
NEW YORK AND WHICH SOLICIT OR ACCEPT SPECIMENS AND OPERATE PREDOMINANTLY
IN INTERSTATE COMMERCE.

S. 3844                             3

  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.    Effective  immediately,  the  addition,  amendment
and/or repeal of any rule or regulation necessary for the implementation
of  this  act  on  its  effective  date  are  authorized  to be made and
completed on or before such effective date.