S T A T E O F N E W Y O R K
________________________________________________________________________
334
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sens. ESPAILLAT, KRUEGER, MONTGOMERY, PERKINS -- 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 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-i to read as follows:
S 2801-I. 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01896-01-5
S. 334 2
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.