S T A T E O F N E W Y O R K
________________________________________________________________________
444
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. GOTTFRIED, GALEF, GUNTHER, PAULIN, HOOPER,
TITONE, LAVINE, MARKEY, SCHIMEL, JAFFEE -- Multi-Sponsored by -- M. of
A. CLARK, COLTON, COOK, DINOWITZ, McDONOUGH, PEOPLES-STOKES, PERRY,
RIVERA, ROBINSON, TITUS -- read once and referred to the Committee on
Health
AN ACT to amend the public health law, in relation to hospital crowding
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2805-b of the public health law is amended by
adding a new subdivision 6 to read as follows:
6. (A) A GENERAL HOSPITAL SHALL IDENTIFY AND USE IMMEDIATE MEASURES TO
MOVE ANY ADMITTED PATIENT IN THE EMERGENCY DEPARTMENT TO AN ALTERNATE
APPROPRIATE LOCATION WITHIN FOUR HOURS OF BEING ADMITTED. IN IDENTIFYING
SUCH ALTERNATIVE LOCATIONS THE GENERAL HOSPITAL SHALL CONSIDER THE USE
OF BEDS IN SOLARIUMS AND HALLWAYS NEAR NURSING STATIONS AS WELL AS OTHER
APPROPRIATE LOCATIONS. ALL STAFFING, SERVICES, PRIVACY, INFECTION
CONTROL AND CONFIDENTIALITY PROCEDURES SHALL BE CONSISTENTLY IN PLACE IN
ALL GENERAL HOSPITALS REGARDLESS OF BED LOCATION.
(B) EVERY GENERAL HOSPITAL SHALL HAVE IN PLACE EFFECTIVE MONITORING
PROTOCOLS TO TRACK AND IDENTIFY LENGTH OF STAY PATTERNS AND DEVIATIONS,
BOTH FOR INPATIENTS AND FOR PATIENTS IN THE EMERGENCY DEPARTMENT.
(C) EVERY GENERAL HOSPITAL SHALL DEVELOP APPROPRIATE PLANNING TO
PREVENT THE DIVERSION OF PATIENTS TO OTHER GENERAL HOSPITALS AND THE
MAINTENANCE OF ADMITTED PATIENTS WITHIN EMERGENCY DEPARTMENTS FOR MORE
THAN FOUR HOURS.
(D) THE COMMISSIONER SHALL CONDUCT PERIODIC INSPECTIONS OF GENERAL
HOSPITAL EMERGENCY DEPARTMENTS TO:
(I) DETERMINE AND ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SUBDI-
VISION; PROVIDED HOWEVER, THAT AT LEAST ONE UNANNOUNCED INSPECTION OF
ONE GENERAL HOSPITAL SHALL BE CONDUCTED PER REGION PER YEAR;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02491-01-5
A. 444 2
(II) INVESTIGATE ANY REPORT MADE PURSUANT TO PARAGRAPH (E) OF THIS
SUBDIVISION;
(III) DETERMINE WHETHER VIOLATIONS OR DEFICIENCIES HAVE BEEN
CORRECTED; AND
(IV) ACCOMPLISH ANY OTHER PURPOSE DEEMED NECESSARY AND APPROPRIATE BY
THE COMMISSIONER.
(E) EVERY HOSPITAL SHALL REPORT TO THE COMMISSIONER MORE THAN SIX
DIVERSIONS IN ANY MONTH OR MORE THAN TWENTY-FIVE DIVERSIONS IN ANY YEAR
OF PATIENTS FROM SUCH GENERAL HOSPITAL.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that any
rules and regulations necessary to implement the provisions of this act
on its effective date are authorized and directed to be completed on or
before such date.