Senate Bill S2079

Signed By Governor
2013-2014 Legislative Session

Regulates the provision of observation services by general hospitals; repealer

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Archive: Last Bill Status Via A1988 - Signed by Governor


  • 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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2013-S2079 (ACTIVE) - Details

See Assembly Version of this Bill:
A1988
Law Section:
Public Health Law
Laws Affected:
Rpld §2805-u, add §2805-v, Pub Health L

2013-S2079 (ACTIVE) - Summary

Regulates the provision of observation services by general hospitals.

2013-S2079 (ACTIVE) - Sponsor Memo

2013-S2079 (ACTIVE) - Bill Text download pdf

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

                                  2079

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sen.  HANNON -- 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 hospital  observa-
  tion  services;  and to repeal section 2805-u of the public health law
  relating thereto

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

  Section  1. Section 2805-u of the public health law, as added by chap-
ter 471 of the laws of 2012, is REPEALED.
  S 2. The public health law is amended by adding a new  section  2805-v
to read as follows:
  S  2805-V.  OBSERVATION  SERVICES.  1.  IF A GENERAL HOSPITAL PROVIDES
OBSERVATION SERVICES, SUCH SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH
THIS SECTION, AND REGULATIONS ADOPTED BY THE COUNCIL AND APPROVED BY THE
COMMISSIONER.
  2. OBSERVATION SERVICES MAY BE PROVIDED FOR SUCH PERIOD OF TIME AS  IS
PERMITTED  BY  THE COMMISSIONER BY REGULATION. SUCH REGULATIONS SHALL BE
CONSISTENT WITH FEDERAL POLICIES FOR PROVIDING OBSERVATION  SERVICES  TO
BENEFICIARIES, AS SET FORTH IN TITLE XVIII OF THE FEDERAL SOCIAL SECURI-
TY  ACT  (MEDICARE),  EXCEPT  WHERE  NECESSARY, IN THE DISCRETION OF THE
COMMISSIONER, TO PROTECT AND PROMOTE PATIENT CARE AND SAFETY.
  3. BASED ON THE CLINICAL NEEDS OF THE PATIENT, WHICH SHALL  BE  DETER-
MINED  IN  PROMPT  FASHION BY APPROPRIATE STAFF, AND THE AVAILABILITY OF
SERVICES TO MEET THOSE NEEDS AND  PATIENT  SAFETY,  A  GENERAL  HOSPITAL
SHALL  DETERMINE  (A)  THE  PROPER  CLINICAL  LOCATION FOR THE CARE OF A
SPECIFIC PATIENT REQUIRING OBSERVATION SERVICES,  INCLUDING  WHETHER  OR
NOT  TO  PROVIDE SUCH SERVICES IN A DISTINCT PHYSICAL SPACE, AND (B) THE
APPROPRIATE OVERSIGHT OF OBSERVATION SERVICES.
  4. EVERY GENERAL HOSPITAL PROVIDING OBSERVATION SERVICES SHALL DEVELOP
AND ADOPT POLICIES AND PROCEDURES FOR OBSERVATION  SERVICES,  INCLUDING:
(A) ASSIGNMENT OF A PROVIDER WHO WILL BE RESPONSIBLE FOR THE CARE OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04593-01-3
              

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