Assembly Bill A2076

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

                                  2076

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law,  in  relation  to  insurance  and
  protocols for ambulance services

  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 "Jimmy's Law".
  S 2. Section 3001 of the public health law is amended by adding a  new
subdivision 22 to read as follows:
  22.  "MOBILE  TO  MOBILE  TRANSFER"  MEANS  THE  TRANSFER OF A PATIENT
BETWEEN TWO AMBULANCE SERVICES THAT ARE ENGAGED IN THE TRANSPORT OF  THE
PATIENT BY MOTOR VEHICLE, AIRCRAFT OR OTHER FORMS OF TRANSPORTATION.
  S  3. Section 3005 of the public health law is amended by adding a new
subdivision 9 to read as follows:
  9. ON OR AFTER JANUARY  FIRST,  TWO  THOUSAND  SIXTEEN,  NO  AMBULANCE
SERVICE  SHALL  OPERATE  IN  THE STATE OF NEW YORK UNLESS IT POSSESSES A
VALID CERTIFICATE OF INSURANCE THAT IS IN COMPLIANCE WITH THE PROVISIONS
OF SECTION THREE THOUSAND THIRTEEN-A OF THIS ARTICLE.
  S 4. The public health law is amended by adding a new  section  3013-a
to read as follows:
  S  3013-A. MINIMUM LIABILITY STANDARDS FOR AMBULANCE SERVICES. 1.  FOR
THE PURPOSES OF THIS SECTION "MEDICAL MALPRACTICE INSURANCE" SHALL  MEAN
INSURANCE  AGAINST  LEGAL  LIABILITY  OF  THE INSURED, AND AGAINST LOSS,
DAMAGE, OR EXPENSE INCIDENT TO A CLAIM OF SUCH LIABILITY ARISING OUT  OF
THE  DEATH  OR  INJURY  OF  ANY PERSON DUE TO MEDICAL MALPRACTICE BY ANY
EMERGENCY MEDICAL TECHNICIAN, ADVANCED EMERGENCY MEDICAL TECHNICIAN,  OR
QUALIFIED MEDICAL AND HEALTH PERSONNEL.
  2.  ALL  OPERATORS OF AN AMBULANCE SERVICE MUST MAINTAIN THE FOLLOWING
MINIMUM MEDICAL MALPRACTICE INSURANCE REQUIREMENTS:
  (A) AT LEAST ONE MILLION DOLLARS OF COVERAGE PER OCCURRENCE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02975-01-5

              

A. 2076                             2

  (B) AT LEAST THREE MILLION DOLLARS OF COVERAGE FOR ALL OCCURRENCES PER
POLICY YEAR.
  3.  THE  OPERATOR SHALL PROVIDE PROOF OF INSURANCE TO THE COMMISSIONER
PRIOR TO OBTAINING AN AMBULANCE SERVICE CERTIFICATE OR UPON  RENEWAL  OF
AN AMBULANCE CERTIFICATE.
  S  5.  The public health law is amended by adding a new section 3000-e
to read as follows:
  S 3000-E. TRANSFER OF CARE PROTOCOL. NO AMBULANCE SERVICE SHALL  LEAVE
THE  VICINITY  OF  THE  TRANSFER AREA DURING A MOBILE TO MOBILE TRANSFER
UNTIL THE PATIENT IS SECURE AND ALL ADVANCED LIFE  SUPPORT  SYSTEMS  ARE
SUCCESSFULLY CONNECTED IN THE RECEIVING AMBULANCE SERVICE.
  S  6.  The New York state emergency medical services council is hereby
authorized to enact rules and  regulations,  with  the  consent  of  the
commissioner of health, as necessary to implement the provisions of this
act.
  S 7. This act shall take effect January 1, 2016.