NY State Senate Bill 2017-S1165B

Archive: Last Bill Status - In Senate Committee Health Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 14, 2018	print number 1165b
Mar 14, 2018	amend (t) and recommit to health
Jan 23, 2018	print number 1165a
Jan 23, 2018	amend and recommit to health
Jan 03, 2018	referred to health
Jan 06, 2017	referred to health

Bill Amendments

Original

B (Active)

co-Sponsors

2017-S1165 - Details

See Assembly Version of this Bill:: A5514
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2994-ll, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S1165, A5514

2017-S1165 - Summary

Relates to central venous lines; requires hospitals upon discharge of a patient who has a condition that requires aa central venous line after discharge, to consult with the designated caregiver to determine his or her capabilities and limitations.

2017-S1165 - Sponsor Memo

                                 BILL NUMBER:  S1165

 TITLE OF BILL :  An act to amend the public health law, in relation
to deeming central venous lines as medically necessary

 PURPOSE :

To ensure as part of discharge planning for transplant patients, with
a central venous line, the designated caregiver shall be consulted on
his or her capabilities and limitations in administering medications
and providing proper central venous line care.

 SUMMARY OF PROVISIONS :

Section 1 is the short title and citation of this act as "Dream's
Law," which amends the public health law by adding a new section 28 27
which requires as part of discharge planning for transplant patients,
with a central venous line, the designated caregiver shall be
consulted as soon as possible, but not later than 24 hours prior to
discharge, regarding his or her capabilities and limitations in
administering medications and providing proper central venous line
care.

In the event that the designated caregiver is unable or unwilling to
confidently carry out these duties, the attending physician shall deem
it medically necessary for the patient to have a trained and

appropriate medical professional provide the care for the entirety of
the administration of the central venous line.

Section 2 is the effective date.

 JUSTIFICATION :

Dream Shepherd is an 11-year-old girl who has courageously battled
Sickle Cell Disease and who suffered a stroke in 2010 at the age of
five.

In December 2014, as part of a study, Dream received a stem cell
transplant as part of her treatment plan and fight against Sickle Cell
Disease. After the transplant she remained in the hospital for several
months, while Doctors worked to stabilize her immune system, which was
crucial to her discharge and transplant success.  Additionally while
in the hospital Dream had a Central Venous Line placed into her heart.
The Central Venous Line has strict care requirements.  In New York
State Health Facilities only Registered Nurses are legally allowed to
administer I.V. medications with use of a Central Venous Line; which
have to be properly managed to ensure that Dream, and other's with a
Central Line, do not acquire infections, especially if
immuno-compromised. This central line goes directly into the right
atrium of the heart, and requires immediate action should there be a
disconnection for any reason as a patient with this type of line can
exsanguinate should this go unmonitored or unnoticed.

In addition to the high risk of infections, other complications of
Central Venous Lines include Air Embolism, Pneumothorax, Pinch-off,
Syndrome, Drug Precipitates, Thrombosis, Catheter Occlusion, Catheter
Malposition, and Sepsis a severe blood infection caused by bacteria,
viruses, and fungi. Sepsis is extremely serious and can be
life-threatening.

Due to the high potential for dangerous infections, as part of
discharge planning, Dream's mother, who is not a medical professional,
made a request for a skilled private duty nurse to care for Dream's
central venous line. This request was denied by the insurance company
as it was "not deemed medically necessary." Due to this rejection by
the insurance company, the hospital informed Dream's mother, that she
was required to provide the necessary care to Dream's central venous
line. Not ensuring that Dream would have the correct and proper
skilled nurse to provide the care after discharge which could have
caused irreparable harm, including the worst outcome.  Attempting to
force the mother to provide the care would have required her to lose
her job and source of income, along with saddling her with the anxiety
of overseeing the medical attention that if not done properly, could
lead to the loss of her daughter's life. That is a position no family
member or friend should ever be in.

 LEGISLATIVE HISTORY :

S7293

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that
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 and directed to be made and completed on
or before such effective date.

2017-S1165 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1165
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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  deeming  central
   venous lines as medically necessary
 
   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  the  "Dream
 Law".
   §  2. The public health law is amended by adding a new section 2827 to
 read as follows:
   § 2827. DISCHARGE OF TRANSPLANT PATIENTS. AS PART OF  DISCHARGE  PLAN-
 NING FOR TRANSPLANT PATIENTS WHO WILL BE DISCHARGED FROM A HOSPITAL WITH
 A  CENTRAL  VENOUS  LINE, THE DESIGNATED CAREGIVER SHALL BE CONSULTED AS
 SOON AS  POSSIBLE,  BUT  NOT  LATER  THAN  TWENTY-FOUR  HOURS  PRIOR  TO
 DISCHARGE, REGARDING HIS OR HER CAPABILITIES AND LIMITATIONS IN ADMINIS-
 TERING MEDICATIONS AND PROVIDING PROPER CENTRAL VENOUS LINE CARE. IN THE
 EVENT THAT THE DESIGNATED CAREGIVER IS UNWILLING OR UNABLE TO CONFIDENT-
 LY  CARRY  OUT HIS OR HER DUTIES WITH REGARD TO THE CENTRAL VENOUS LINE,
 AND AFTER SUCH CAREGIVER IS ADVISED AS  TO  ALL  AVAILABLE  OPTIONS  FOR
 CENTRAL  VENOUS  LINE  CARE,  THEN THE ATTENDING PHYSICIAN SHALL DEEM IT
 MEDICALLY NECESSARY FOR THE PATIENT TO HAVE A  TRAINED  AND  APPROPRIATE
 MEDICAL PERSONNEL UPON DISCHARGE TO PROVIDE PROPER CARE FOR THE ENTIRETY
 OF THE ADMINISTRATION OF THE CENTRAL VENOUS LINE.
   §  2.  This act shall take effect immediately; provided, however, that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such effective date.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02024-01-7

co-Sponsors

2017-S1165A - Details

See Assembly Version of this Bill:: A5514
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2994-ll, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S1165, A5514

2017-S1165A - Summary

2017-S1165A - Sponsor Memo

                                
 
BILL NUMBER: S1165A

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the public health law, in relation to
deeming central venous lines as medically necessary

 
PURPOSE:

To ensure as part of discharge planning for transplant patients, with a
central venous line, the designated caregiver shall be consulted on his
or her capabilities and limitations in administering medications and
providing proper central venous line care.

 
SUMMARY OF PROVISIONS:

Section 1 is the short title and citation of this act as "Dream's Law,"
which amends the public health law by adding a new section 28 27 which
requires as part of discharge planning for transplant patients, with a
central venous line, the designated caregiver shall be consulted as soon
as possible, but not later than 24 hours prior to discharge, regarding
his or her capabilities and limitations in administering medications and

providing proper central venous line care.

In the event that the designated caregiver is unable or unwilling to
confidently carry out these duties, the attending physician shall deem
it medically necessary for the patient to have a trained and appropriate
medical professional provide the care for the entirety of the adminis-
tration of the central venous line.

Section 2 is the effective date.

 
JUSTIFICATION:

Dream Shepherd is an 11-year-old girl who has courageously battled Sick-
le Cell Disease and who suffered a stroke in 2010 at the age of five.

In December 2014, as part of a study, Dream received a stem cell trans-
plant as part of her treatment plan and fight against Sickle Cell
Disease. After the transplant she remained in the hospital for several
months, while Doctors worked to stabilize her immune system, which was
crucial to her discharge and transplant success.  Additionally while in
the hospital Dream had a Central Venous Line placed into her heart. The
Central Venous Line has strict care requirements. In New York State
Health Facilities only Registered Nurses are legally allowed to adminis-
ter I.V. medications with use of a Central Venous Line; which have to be
properly managed to ensure that Dream, and other's with a Central Line,
do not acquire infections, especially if immuno-compromised. This
central line goes directly into the right atrium of the heart, and
requires immediate action should there be a disconnection for any reason
as a patient with this type of line can exsanguinate should this go
unmonitored or unnoticed.

In addition to the high risk of infections, other complications of
Central Venous Lines include Air Embolism, Pneumothorax, Pinch-off,
Syndrome, Drug Precipitates, Thrombosis, Catheter Occlusion, Catheter
Malposition, and Sepsis a severe blood infection caused by bacteria,
viruses, and fungi. Sepsis is extremely serious and can be life-threat-
ening.

Due to the high potential for dangerous infections, as part of discharge
planning, Dream's mother, who is not a medical professional, made a
request for a skilled private duty nurse to care for Dream's central
venous line. This request was denied by the insurance company as it was
"not deemed medically necessary." Due to this rejection by the insurance
company, the hospital informed Dream's mother, that she was required to
provide the necessary care to Dream's central venous line. Not ensuring
that Dream would have the correct and proper skilled nurse to provide
the care after discharge which could have caused irreparable harm,
including the worst outcome. Attempting to force the mother to provide
the care would have required her to lose her job and source of income,
along with saddling her with the anxiety of overseeing the medical
attention that if not done properly, could lead to the loss of her
daughter's life. That is a position no family member or friend should
ever be in.

 
LEGISLATIVE HISTORY:

S7293

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that effec-
tive 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 and directed to be made and completed on or before
such effective date.  2 of 21/23/2018, 8:41 AM

2017-S1165A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1165--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sens. CARLUCCI, GOLDEN, HOYLMAN, PERSAUD, SAVINO, VALESKY
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Health -- recommitted to the Committee on  Health  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend the public health law, in relation to deeming central
   venous lines as medically necessary
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2994-ll  of  the public health law is amended by
 adding a  new subdivision 4 to read as follows:
   4. DISCHARGE OF ANY PATIENTS WHO HAVE  A  CONDITION  THAT  REQUIRES  A
 CENTRAL VENOUS LINE. AS PART OF DISCHARGE PLANNING FOR PATIENTS WHO WILL
 BE DISCHARGED FROM A HOSPITAL WITH A CENTRAL VENOUS LINE, THE IDENTIFIED
 CAREGIVER  SHALL  BE  CONSULTED  AS SOON AS POSSIBLE, BUT NOT LATER THAN
 TWENTY-FOUR HOURS PRIOR TO DISCHARGE, REGARDING HIS OR HER  CAPABILITIES
 AND  LIMITATIONS  IN  ADMINISTERING  MEDICATIONS  AND  PROVIDING  PROPER
 CENTRAL VENOUS LINE CARE. IN THE EVENT THAT THE IDENTIFIED CAREGIVER  IS
 UNWILLING  OR  UNABLE  TO  CONFIDENTLY  CARRY OUT HIS OR HER DUTIES WITH
 REGARD TO THE CENTRAL VENOUS LINE, AND AFTER SUCH CAREGIVER  IS  ADVISED
 AS  TO  ALL  AVAILABLE  OPTIONS  FOR  CENTRAL VENOUS LINE CARE, THEN THE
 ATTENDING PHYSICIAN SHALL DEEM IT MEDICALLY NECESSARY FOR THE PATIENT TO
 HAVE TRAINED AND APPROPRIATE MEDICAL PERSONNEL UPON DISCHARGE TO PROVIDE
 PROPER CARE FOR THE ENTIRETY OF THE ADMINISTRATION OF THE CENTRAL VENOUS
 LINE.
   § 2. This act shall take effect immediately; provided,  however,  that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  and directed to be made and completed on or
 before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02024-05-8

co-Sponsors

View additional co-sponsors

2017-S1165B (ACTIVE) - Details

See Assembly Version of this Bill:: A5514
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2994-ll, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S1165, A5514

2017-S1165B (ACTIVE) - Summary

2017-S1165B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1165B

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the public health law, in relation to
central venous lines

 
PURPOSE:

To ensure as part of discharge planning for transplant patients, with a
central venous line, the designated caregiver shall be consulted on his
or her capabilities and limitations in administering medications and
providing proper central venous line care.

 
SUMMARY OF PROVISIONS:

Section 1 is the short title and citation of this act as "Dream's Law,"
which amends the public health law by adding a new section 28 27 which
requires as part of discharge planning for transplant patients, with a
central venous line, the designated caregiver shall be consulted as soon
as possible, but not later than 24 hours prior to discharge, regarding
his or her capabilities and limitations in administering medications and

providing proper central venous line care.

In the event that the designated caregiver is unable or unwilling to
confidently carry out these duties, the attending physician shall deem
it medically necessary for the patient to have a trained and appropriate
medical professional provide the care for the entirety of the adminis-
tration of the central venous line.

Section 2 is the effective date.

 
JUSTIFICATION:

Dream Shepherd is an 11-year-old girl who has courageously battled Sick-
le Cell Disease and who suffered a stroke in 2010 at the age of five.

In December 2014, as part of a study, Dream received a stem cell trans-
plant as part of her treatment plan and fight against Sickle Cell
Disease. After the transplant she remained in the hospital for several
months, while Doctors worked to stabilize her immune system, which was
crucial to her discharge and transplant success.  Additionally while in
the hospital Dream had a Central Venous Line placed into her heart. The
Central Venous Line has strict care requirements. In New York State
Health Facilities only Registered Nurses are legally allowed to adminis-
ter I.V. medications with use of a Central Venous Line; which have to be
properly managed to ensure that Dream, and other's with a Central Line,
do not acquire infections, especially if immuno-compromised. This
central line goes directly into the right atrium of the heart, and
requires immediate action should there be a disconnection for any reason
as a patient with this type of line can exsanguinate should this go
unmonitored or unnoticed.

In addition to the high risk of infections, other complications of
Central Venous Lines include Air Embolism, Pneumothorax, Pinch-off,
Syndrome, Drug Precipitates, Thrombosis, Catheter Occlusion, Catheter
Malposition, and Sepsis a severe blood infection caused by bacteria,
viruses, and fungi. Sepsis is extremely serious and can be life-threat-
ening.

Due to the high potential for dangerous infections, as part of discharge
planning, Dream's mother, who is not a medical professional, made a
request for a skilled private duty nurse to care for Dream's central
venous line. This request was denied by the insurance company as it was
"not deemed medically necessary." Due to this rejection by the insurance
company, the hospital informed Dream's mother, that she was required to
provide the necessary care to Dream's central venous line. Not ensuring
that Dream would have the correct and proper skilled nurse to provide
the care after discharge which could have caused irreparable harm,
including the worst outcome. Attempting to force the mother to provide
the care would have required her to lose her job and source of income,
along with saddling her with the anxiety of overseeing the medical
attention that if not done properly, could lead to the loss of her
daughter's life. That is a position no family member or friend should
ever be in.

 
LEGISLATIVE HISTORY:

S7293

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that effec-
tive 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 and directed to be made and completed on or before
such effective date.

2017-S1165B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1165--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sens. CARLUCCI, GOLDEN, HOYLMAN, PERSAUD, SAVINO, VALESKY
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Health -- recommitted to the Committee on  Health  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public health law, in  relation  to  central  venous
   lines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2994-ll of the public  health  law  is  amended  by
 adding a  new subdivision 4 to read as follows:
   4.  DISCHARGE  OF  ANY  PATIENTS  WHO HAVE A CONDITION THAT REQUIRES A
 CENTRAL VENOUS LINE. AS PART OF DISCHARGE PLANNING FOR PATIENTS WHO WILL
 BE DISCHARGED FROM A HOSPITAL WITH A CENTRAL VENOUS LINE, THE IDENTIFIED
 CAREGIVER SHALL BE CONSULTED AS SOON AS POSSIBLE,  BUT  NOT  LATER  THAN
 TWENTY-FOUR  HOURS PRIOR TO DISCHARGE, REGARDING HIS OR HER CAPABILITIES
 AND  LIMITATIONS  IN  ADMINISTERING  MEDICATIONS  AND  PROVIDING  PROPER
 CENTRAL  VENOUS LINE CARE. IN THE EVENT THAT THE IDENTIFIED CAREGIVER IS
 UNWILLING OR UNABLE TO CONFIDENTLY PROVIDE PROPER CARE  OF  THE  CENTRAL
 VENOUS  LINE, APPROPRIATE SERVICES, WHICH MAY INCLUDE BUT NOT BE LIMITED
 TO HOME HEALTH CARE SERVICES, SHALL BE ORDERED.
   § 2. This act shall take effect  immediately.  Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02024-09-8

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Senate Bill S1165B

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2017-S1165 - Details

2017-S1165 - Summary

2017-S1165 - Sponsor Memo

2017-S1165 - Bill Text download pdf

co-Sponsors

2017-S1165A - Details

2017-S1165A - Summary

2017-S1165A - Sponsor Memo

2017-S1165A - Bill Text download pdf

co-Sponsors

2017-S1165B (ACTIVE) - Details

2017-S1165B (ACTIVE) - Summary

2017-S1165B (ACTIVE) - Sponsor Memo

2017-S1165B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1165B

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2017-S1165 - Details

2017-S1165 - Summary

2017-S1165 - Sponsor Memo

2017-S1165 - Bill Text download pdf

co-Sponsors

2017-S1165A - Details

2017-S1165A - Summary

2017-S1165A - Sponsor Memo

2017-S1165A - Bill Text download pdf

co-Sponsors

2017-S1165B (ACTIVE) - Details

2017-S1165B (ACTIVE) - Summary

2017-S1165B (ACTIVE) - Sponsor Memo

2017-S1165B (ACTIVE) - Bill Text download pdf

Comments