NY State Senate Bill 2017-S2373

Senate Bill S2373

2017-2018 Legislative Session

Requires general hospitals to post patient rights and provides that hospital personnel shall not inquire as to patients' immigration status

download bill text pdf

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
Jan 03, 2018	referred to health
Jan 13, 2017	referred to health

2017-S2373 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2801-h, amd §2805-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3878
2013-2014: S1791
2015-2016: S334

2017-S2373 (ACTIVE) - Summary

Requires all general hospitals, which provide emergency services, to post patient rights and provides that hospital personnel, prior to providing treatment, shall not inquire as to a patient's immigration status.

2017-S2373 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2373

 TITLE OF BILL :  An act to amend the public health law, in relation
to patient rights

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to ensure that immediate hospitalization
is given to any person in need, regardless of legal status, as well as
to inform patients of their rights in such circumstances.

 SUMMARY OF SPECIFIC PROVISIONS :

The public health law is amended by adding a new section 2801-i that
mandates the posting of Patients' rights in cases of immediate
hospitalization. A sign, no less than eight and one-half inches by
fourteen inches must be posted conspicuously stating that "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 prior to providing treatment
concerning their insurance or method of payment."

Subdivision 1 of section 2805-b of the public health law is amended so
that all general hospitals which provide emergency services may not
inquire as to the patient's immigration status prior to providing

treatment. Nor shall the patient be required to answer questions
relating to his or her immigration status after treatment is provided.

 JUSTIFICATION :

Many people who are in dire need of immediate hospitalization do not
seek the proper medical attention due to uncertainty or a fear of
being reported to the INS, if they are undocumented. Undocumented
people who do go to emergency rooms in search of treatment are often
frightened by questions from hospital personnel before admittance 3y
prohibiting staff from denying treatment due to legal status or
inquiring into the legal status of a patient before providing
treatment, more undocumented people will seek the medical attention
they require in emergency situations.

All patients need to be reassured as to the admittance process as
well. Reassurance would be promoted by signs stating that immediate
hospitalization must be granted regardless of age, color, religion,
sex, national origin, disability, sexual orientation, source of
payment, or legal status, as well as a patient's right to treatment
prior to answering questions regarding their insurance or method of
payment.

 PRIOR LEGISLATIVE HISTORY :

2002- A.10697 - Referred to Health
2004-A.38495 - Advanced to Third Reading Cal 39
2005/06 - A.5604A - Passed Assembly
2007/08 - A.5930 - Referred to Health
2009/10 - A.6478A Advanced to Third Reading

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S2373 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2373
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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-h to read as follows:
   §  2801-H. 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."
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07005-01-7

 S. 2373                             2
 
 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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