NY State Senate Bill 2017-S6383B

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2018	print number 6383b
Mar 08, 2018	amend and recommit to health
Jan 24, 2018	print number 6383a
Jan 24, 2018	amend and recommit to health
Jan 03, 2018	referred to health
May 11, 2017	referred to health

Bill Amendments

Original

B (Active)

2017-S6383 - Details

See Assembly Version of this Bill:: A2437
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2801, add §2802-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6561, A8724
2015-2016: S4258, A2327
2019-2020: S1728, A6254
2021-2022: S1736, A205
2023-2024: S1885, A8214
2025-2026: S5705, A2365

2017-S6383 - Summary

Establishes hospital-sponsored off campus emergency departments as a "hospital" and sets out specific standards for operations, staffing and capacity requirements.

2017-S6383 - Sponsor Memo

2017-S6383 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6383
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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 hospital-sponsored
   off campus emergency departments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 2801 of the public health law, as
 amended by chapter 397 of the laws  of  2016,  is  amended  to  read  as
 follows:
   1.  "Hospital"  means a facility or institution engaged principally in
 providing services by or under the supervision of a physician or, in the
 case of a dental clinic or dental dispensary, of a dentist, or,  in  the
 case  of  a  midwifery  birth  center, of a midwife, for the prevention,
 diagnosis or treatment of human  disease,  pain,  injury,  deformity  or
 physical  condition,  including, but not limited to, a general hospital,
 HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT,  public   health
 center,  diagnostic  center,  treatment  center,  dental  clinic, dental
 dispensary, rehabilitation center other than a facility used solely  for
 vocational  rehabilitation, nursing home, tuberculosis hospital, chronic
 disease hospital, maternity hospital, midwifery birth center,  lying-in-
 asylum,  out-patient  department,  out-patient  lodge,  dispensary and a
 laboratory or central service facility serving one or more  such  insti-
 tutions,  but  the term hospital shall not include an institution, sani-
 tarium or other facility engaged principally in providing  services  for
 the prevention, diagnosis or treatment of mental disability and which is
 subject  to the powers of visitation, examination, inspection and inves-
 tigation of the department of mental hygiene except for  those  distinct
 parts  of such a facility which provide hospital service. The provisions
 of this article shall not apply to a  facility  or  institution  engaged
 principally  in  providing  services  by or under the supervision of the
 bona fide members and adherents of a recognized  religious  organization
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03992-02-7

 S. 6383                             2
 
 whose teachings include reliance on spiritual means through prayer alone
 for  healing  in  the  practice of the religion of such organization and
 where services are provided in accordance with those teachings.
   §  2. Section 2801 of the public health law is amended by adding a new
 subdivision 12 to read as follows:
   12. "HOSPITAL-SPONSORED OFF  CAMPUS  EMERGENCY  DEPARTMENT"  MEANS  AN
 EMERGENCY  DEPARTMENT  THAT IS OWNED BY A GENERAL HOSPITAL AND GEOGRAPH-
 ICALLY REMOVED FROM THE GENERAL HOSPITAL'S INPATIENT CAMPUS.
   § 3. The public health law is amended by adding a new  section  2802-b
 to read as follows:
   §  2802-B.  EMERGENCY  DEPARTMENTS  AND  HOSPITAL-SPONSORED OFF CAMPUS
 EMERGENCY DEPARTMENTS. 1.  A  HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY
 DEPARTMENT SHALL GENERALLY OPERATE TWENTY-FOUR HOURS PER DAY, SEVEN DAYS
 PER  WEEK.  HOWEVER, UPON APPLICATION AND APPROVAL UNDER SUBDIVISION TWO
 OF SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE, INCLUDING  APPROVAL
 BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, PART-TIME OPERATION AT
 A  MINIMUM  OF  TWELVE HOURS PER DAY MAY BE ALLOWED FOR A HOSPITAL-SPON-
 SORED OFF CAMPUS EMERGENCY DEPARTMENT. SUCH APPROVAL SHALL ONLY BE  MADE
 UPON  A  FINDING  THAT LOCAL SPECIAL CIRCUMSTANCES NECESSITATE PART-TIME
 OPERATION AND WITH CONSIDERATION FOR THE QUALITY  AND  ACCESSIBILITY  OF
 EMERGENCY CARE AND THE PUBLIC INTEREST.
   2.  A  HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT SHALL BE
 SUBJECT TO THE SAME STANDARDS AND REQUIREMENTS AS  A  GENERAL  HOSPITAL-
 BASED EMERGENCY DEPARTMENT WITH REGARD TO MINIMUM TRAINING OF PROVIDERS,
 STAFFING,  SERVICES AND CAPACITY TO STABILIZE, AND TREAT AS APPROPRIATE,
 ALL PATIENTS PRESENTING FOR TREATMENT WITHOUT REGARD FOR  THEIR  ABILITY
 TO  PAY  IN  ACCORDANCE WITH FEDERAL LAW AND RULES. A HOSPITAL-SPONSORED
 OFF CAMPUS EMERGENCY DEPARTMENT SHALL HAVE CAPACITY FOR RECEIVING GROUND
 AMBULANCE PATIENTS AND SHALL ESTABLISH  TRANSFER  PROTOCOLS  WITH  LOCAL
 EMERGENCY MEDICAL SERVICE PROVIDERS AND GENERAL HOSPITAL-BASED EMERGENCY
 DEPARTMENTS  TO  ENSURE  TIMELY  TRANSFER OF PATIENTS REQUIRING A HIGHER
 LEVEL OF CARE.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after January 1, 2017.

2017-S6383A - Details

See Assembly Version of this Bill:: A2437
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2801, add §2802-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6561, A8724
2015-2016: S4258, A2327
2019-2020: S1728, A6254
2021-2022: S1736, A205
2023-2024: S1885, A8214
2025-2026: S5705, A2365

2017-S6383A - Summary

Establishes hospital-sponsored off campus emergency departments as a "hospital" and sets out specific standards for operations, staffing and capacity requirements.

2017-S6383A - Sponsor Memo

2017-S6383A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6383--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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 committee

 AN ACT to amend the public health law, in relation to hospital-sponsored
   off campus emergency departments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2801 of the public health law,  as
 amended  by  chapter  397  of  the  laws  of 2016, is amended to read as
 follows:
   1. "Hospital" means a facility or institution engaged  principally  in
 providing services by or under the supervision of a physician or, in the
 case  of  a dental clinic or dental dispensary, of a dentist, or, in the
 case of a midwifery birth center, of  a  midwife,  for  the  prevention,
 diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
 physical condition, including, but not limited to, a  general  hospital,
 HOSPITAL-SPONSORED   OFF  CAMPUS  EMERGENCY  DEPARTMENT,  public  health
 center, diagnostic  center,  treatment  center,  dental  clinic,  dental
 dispensary,  rehabilitation center other than a facility used solely for
 vocational rehabilitation, nursing home, tuberculosis hospital,  chronic
 disease  hospital, maternity hospital, midwifery birth center, lying-in-
 asylum, out-patient department,  out-patient  lodge,  dispensary  and  a
 laboratory  or  central service facility serving one or more such insti-
 tutions, but the term hospital shall not include an  institution,  sani-
 tarium  or  other facility engaged principally in providing services for
 the prevention, diagnosis or treatment of mental disability and which is
 subject to the powers of visitation, examination, inspection and  inves-
 tigation  of  the department of mental hygiene except for those distinct
 parts of such a facility which provide hospital service. The  provisions
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03992-05-8

 S. 6383--A                          2
 
 of  this  article  shall  not apply to a facility or institution engaged
 principally in providing services by or under  the  supervision  of  the
 bona  fide  members and adherents of a recognized religious organization
 whose teachings include reliance on spiritual means through prayer alone
 for  healing  in  the  practice of the religion of such organization and
 where services are provided in accordance with those teachings.
   § 2. Section 2801 of the public health law is amended by adding a  new
 subdivision 12 to read as follows:
   12.  "HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT" MEANS AN
 EMERGENCY DEPARTMENT THAT IS OWNED BY A GENERAL HOSPITAL  AND  GEOGRAPH-
 ICALLY REMOVED FROM THE GENERAL HOSPITAL'S INPATIENT CAMPUS.
   §  3.  The public health law is amended by adding a new section 2802-b
 to read as follows:
   § 2802-B. EMERGENCY  DEPARTMENTS  AND  HOSPITAL-SPONSORED  OFF  CAMPUS
 EMERGENCY  DEPARTMENTS.  1.  A  HOSPITAL-SPONSORED  OFF CAMPUS EMERGENCY
 DEPARTMENT SHALL GENERALLY OPERATE TWENTY-FOUR HOURS PER DAY, SEVEN DAYS
 PER WEEK. HOWEVER, UPON APPLICATION AND APPROVAL UNDER  SUBDIVISION  TWO
 OF  SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE, INCLUDING APPROVAL
 BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, PART-TIME OPERATION AT
 A MINIMUM OF TWELVE HOURS PER DAY MAY BE ALLOWED  FOR  A  HOSPITAL-SPON-
 SORED  OFF CAMPUS EMERGENCY DEPARTMENT. SUCH APPROVAL SHALL ONLY BE MADE
 UPON A FINDING THAT LOCAL SPECIAL  CIRCUMSTANCES  NECESSITATE  PART-TIME
 OPERATION  AND  WITH  CONSIDERATION FOR THE QUALITY AND ACCESSIBILITY OF
 EMERGENCY CARE AND THE PUBLIC INTEREST.
   2. A HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT  SHALL  BE
 SUBJECT  TO  THE  SAME STANDARDS AND REQUIREMENTS AS A GENERAL HOSPITAL-
 BASED EMERGENCY DEPARTMENT WITH REGARD TO MINIMUM TRAINING OF PROVIDERS,
 STAFFING, SERVICES AND CAPACITY TO STABILIZE, AND TREAT AS  APPROPRIATE,
 ALL  PATIENTS  PRESENTING FOR TREATMENT WITHOUT REGARD FOR THEIR ABILITY
 TO PAY IN ACCORDANCE WITH FEDERAL LAW AND  RULES.  A  HOSPITAL-SPONSORED
 OFF CAMPUS EMERGENCY DEPARTMENT SHALL HAVE CAPACITY FOR RECEIVING GROUND
 AMBULANCE  PATIENTS  AND  SHALL  ESTABLISH TRANSFER PROTOCOLS WITH LOCAL
 EMERGENCY MEDICAL SERVICE PROVIDERS AND GENERAL HOSPITAL-BASED EMERGENCY
 DEPARTMENTS TO ENSURE TIMELY TRANSFER OF  PATIENTS  REQUIRING  A  HIGHER
 LEVEL OF CARE.
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after January 1, 2018.

2017-S6383B (ACTIVE) - Details

See Assembly Version of this Bill:: A2437
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2801, add §2802-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6561, A8724
2015-2016: S4258, A2327
2019-2020: S1728, A6254
2021-2022: S1736, A205
2023-2024: S1885, A8214
2025-2026: S5705, A2365

2017-S6383B (ACTIVE) - Summary

Establishes hospital-sponsored off campus emergency departments as a "hospital" and sets out specific standards for operations, staffing and capacity requirements.

2017-S6383B (ACTIVE) - Sponsor Memo

2017-S6383B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6383--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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 committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to hospital-sponsored
   off campus emergency departments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 2801 of the public health law, as
 amended by chapter 397 of the laws  of  2016,  is  amended  to  read  as
 follows:
   1.  "Hospital"  means a facility or institution engaged principally in
 providing services by or under the supervision of a physician or, in the
 case of a dental clinic or dental dispensary, of a dentist, or,  in  the
 case  of  a  midwifery  birth  center, of a midwife, for the prevention,
 diagnosis or treatment of human  disease,  pain,  injury,  deformity  or
 physical  condition,  including, but not limited to, a general hospital,
 HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT,  public   health
 center,  diagnostic  center,  treatment  center,  dental  clinic, dental
 dispensary, rehabilitation center other than a facility used solely  for
 vocational  rehabilitation, nursing home, tuberculosis hospital, chronic
 disease hospital, maternity hospital, midwifery birth center,  lying-in-
 asylum,  out-patient  department,  out-patient  lodge,  dispensary and a
 laboratory or central service facility serving one or more  such  insti-
 tutions,  but  the term hospital shall not include an institution, sani-
 tarium or other facility engaged principally in providing  services  for
 the prevention, diagnosis or treatment of mental disability and which is
 subject  to the powers of visitation, examination, inspection and inves-
 tigation of the department of mental hygiene except for  those  distinct
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03992-09-8

 S. 6383--B                          2
 
 parts  of such a facility which provide hospital service. The provisions
 of this article shall not apply to a  facility  or  institution  engaged
 principally  in  providing  services  by or under the supervision of the
 bona  fide  members and adherents of a recognized religious organization
 whose teachings include reliance on spiritual means through prayer alone
 for healing in the practice of the religion  of  such  organization  and
 where services are provided in accordance with those teachings.
   §  2. Section 2801 of the public health law is amended by adding a new
 subdivision 12 to read as follows:
   12. "HOSPITAL-SPONSORED OFF  CAMPUS  EMERGENCY  DEPARTMENT"  MEANS  AN
 EMERGENCY  DEPARTMENT  THAT IS OWNED BY A GENERAL HOSPITAL AND GEOGRAPH-
 ICALLY REMOVED FROM THE GENERAL HOSPITAL'S INPATIENT CAMPUS.
   § 3. The public health law is amended by adding a new  section  2802-b
 to read as follows:
   §  2802-B.  EMERGENCY  DEPARTMENTS  AND  HOSPITAL-SPONSORED OFF CAMPUS
 EMERGENCY DEPARTMENTS. 1.  A  HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY
 DEPARTMENT SHALL GENERALLY OPERATE TWENTY-FOUR HOURS PER DAY, SEVEN DAYS
 PER  WEEK.  HOWEVER, UPON APPLICATION AND APPROVAL UNDER SUBDIVISION TWO
 OF SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE, INCLUDING  APPROVAL
 BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, PART-TIME OPERATION AT
 A  MINIMUM  OF  TWELVE HOURS PER DAY MAY BE ALLOWED FOR A HOSPITAL-SPON-
 SORED OFF CAMPUS EMERGENCY DEPARTMENT. SUCH APPROVAL SHALL ONLY BE  MADE
 UPON  A  FINDING  THAT LOCAL SPECIAL CIRCUMSTANCES NECESSITATE PART-TIME
 OPERATION AND WITH CONSIDERATION FOR THE QUALITY  AND  ACCESSIBILITY  OF
 EMERGENCY CARE AND THE PUBLIC INTEREST.
   2.  A  HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT SHALL BE
 SUBJECT TO THE SAME STANDARDS AND REQUIREMENTS AS  A  GENERAL  HOSPITAL-
 BASED EMERGENCY DEPARTMENT WITH REGARD TO MINIMUM TRAINING OF PROVIDERS,
 STAFFING,  SERVICES AND CAPACITY TO STABILIZE, AND TREAT AS APPROPRIATE,
 ALL PATIENTS PRESENTING FOR TREATMENT WITHOUT REGARD FOR  THEIR  ABILITY
 TO  PAY  IN  ACCORDANCE WITH FEDERAL LAW AND RULES. A HOSPITAL-SPONSORED
 OFF CAMPUS EMERGENCY DEPARTMENT SHALL HAVE CAPACITY FOR RECEIVING GROUND
 AMBULANCE PATIENTS AND SHALL ESTABLISH  TRANSFER  PROTOCOLS  WITH  LOCAL
 EMERGENCY MEDICAL SERVICE PROVIDERS AND GENERAL HOSPITAL-BASED EMERGENCY
 DEPARTMENTS  TO  ENSURE  TIMELY  TRANSFER OF PATIENTS REQUIRING A HIGHER
 LEVEL OF CARE.
   § 4. This act shall take effect immediately.

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Senate Bill S6383B

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2017-S6383 - Details

2017-S6383 - Summary

2017-S6383 - Sponsor Memo

2017-S6383 - Bill Text download pdf

2017-S6383A - Details

2017-S6383A - Summary

2017-S6383A - Sponsor Memo

2017-S6383A - Bill Text download pdf

2017-S6383B (ACTIVE) - Details

2017-S6383B (ACTIVE) - Summary

2017-S6383B (ACTIVE) - Sponsor Memo

2017-S6383B (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S6383B

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2017-S6383 - Details

2017-S6383 - Summary

2017-S6383 - Sponsor Memo

2017-S6383 - Bill Text download pdf

2017-S6383A - Details

2017-S6383A - Summary

2017-S6383A - Sponsor Memo

2017-S6383A - Bill Text download pdf

2017-S6383B (ACTIVE) - Details

2017-S6383B (ACTIVE) - Summary

2017-S6383B (ACTIVE) - Sponsor Memo

2017-S6383B (ACTIVE) - Bill Text download pdf

Comments