S T A T E O F N E W Y O R K
________________________________________________________________________
2739
2017-2018 Regular Sessions
I N S E N A T E
January 17, 2017
___________
Introduced by Sen. LATIMER -- 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 requiring hospi-
tals and physicians to include certain information regarding military
service of patients or persons close to patients on admission forms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 2805-b of the public health law,
as amended by chapter 64 of the laws of 2016, is amended to read as
follows:
5. The staff of a general hospital shall: (a) inquire whether or not
the person admitted has served in the United States armed forces. [Such
information shall be listed on the] THE admissions form SHALL INCLUDE
INFORMATION INCLUDING, BUT NOT LIMITED TO, WHETHER THE PATIENT OR SOME-
ONE CLOSE TO THE PATIENT HAS EVER SERVED IN THE MILITARY, WHO SERVED IN
THE MILITARY, WHEN AND WHERE DID THE PERSON SERVE, WHAT WAS THE PERSON
IN THE MILITARY'S JOB DESCRIPTION, WHETHER THE PATIENT IS CURRENTLY
REGISTERED WITH THE VETERANS ADMINISTRATION, AND WHETHER THE PATIENT IS
CURRENTLY RECEIVING ANY BENEFITS FROM THE VETERANS ADMINISTRATION; (b)
notify any admittee who is a veteran of the possible availability of
services at a hospital operated by the veterans administration, and,
upon request by the admittee, such staff shall make arrangements for the
individual's transfer to a veterans administration operated hospital,
provided, however, that transfers shall be authorized only after it has
been determined, according to accepted clinical and medical standards,
that the patient's condition has stabilized and transfer can be accom-
plished safely and without complication; and (c) provide any admittee
who has served in the United States armed forces with a copy of the
"Information for Veterans concerning Health Care Options" fact sheet,
maintained by the division of veterans' affairs pursuant to subdivision
twenty-three of section three hundred fifty-three of the executive law
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00935-01-7
S. 2739 2
prior to discharging or transferring the patient. The commissioner shall
promulgate rules and regulations for notifying such admittees of possi-
ble available services and for arranging a requested transfer.
§ 2. The public health law is amended by adding a new article 26-B to
read as follows:
ARTICLE 26-B
MILITARY SERVICE INQUIRY
SECTION 2640. MILITARY SERVICE; DUTY TO INQUIRE AND RECORD.
§ 2640. MILITARY SERVICE; DUTY TO INQUIRE AND RECORD. 1. EVERY PHYSI-
CIAN SHALL INQUIRE OF EVERY RESIDENT OF THE STATE OF NEW YORK COMING TO
SUCH PHYSICIAN FOR SERVICES OR TREATMENT WHETHER THE PERSON IS A VETER-
AN, AS DEFINED IN SECTION EIGHTY-FIVE OF THE CIVIL SERVICE LAW, AND
SHALL RECORD THE ANSWERS TO SUCH INQUIRY IN THE PATIENT'S MEDICAL
RECORD. THE PHYSICIAN SHALL RECORD, AT A MINIMUM, THE FOLLOWING INFORMA-
TION: WHETHER THE PATIENT OR SOMEONE CLOSE TO THE PATIENT HAS EVER
SERVED IN THE MILITARY, WHO SERVED IN THE MILITARY, WHEN AND WHERE DID
THE PERSON SERVE, WHAT WAS THE PERSON IN THE MILITARY'S JOB DESCRIPTION,
WHETHER THE PATIENT IS CURRENTLY REGISTERED WITH THE VETERANS ADMINIS-
TRATION, AND WHETHER THE PATIENT IS CURRENTLY RECEIVING ANY BENEFITS
FROM THE VETERANS ADMINISTRATION.
2. EACH PHYSICIAN PROVIDING SERVICES OR TREATMENT TO A VETERAN OR
SOMEONE CLOSE TO A VETERAN SHALL NOTIFY SUCH PATIENT OF THE POSSIBLE
AVAILABILITY OF SERVICES AT A HOSPITAL OPERATED BY THE VETERANS ADMINIS-
TRATION AND, UPON REQUEST BY THE PATIENT, SUCH PHYSICIAN SHALL TRANSFER
THE PATIENT'S MEDICAL RECORDS TO SUCH HOSPITAL. THE COMMISSIONER SHALL
PROMULGATE RULES AND REGULATIONS FOR NOTIFYING SUCH PATIENT OF POSSIBLE
AVAILABLE SERVICES AND FOR ARRANGING FOR A TRANSFER OF MEDICAL RECORDS.
§ 3. This act shall take effect immediately.