Assembly Bill A10032

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10032
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  requiring  a
   consultation prior to the discharge of medically fragile young adults
 
   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
 2828 to read as follows:
   §  2828.  DISCHARGE OF MEDICALLY FRAGILE YOUNG ADULTS. 1. FOR PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MEDICALLY FRAGILE YOUNG ADULTS" SHALL HAVE THE  SAME  MEANING  AS
 THE  TERM  "MEDICALLY  FRAGILE  CHILDREN"  AS  SET  FORTH IN SUBDIVISION
 THREE-A OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAPTER AND SHALL
 INCLUDE MEDICALLY FRAGILE YOUNG ADULTS WHO CURRENTLY RESIDE AT A  PEDIA-
 TRIC SPECIALIZED NURSING FACILITY AND ARE OVER TWENTY-ONE YEARS OF AGE;
   (B) "HOSPITAL" SHALL MEAN ANY "GENERAL HOSPITAL" AS DEFINED IN SECTION
 TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;
   (C) "DISCHARGE" SHALL MEAN A PATIENT'S EXIT OR RELEASE FROM A HOSPITAL
 TO THE PATIENT'S RESIDENCE FOLLOWING AN ADMISSION TO A HOSPITAL;
   (D)  "PATIENT"  SHALL  MEAN A PATIENT WHO IS A MEDICALLY FRAGILE YOUNG
 ADULT; AND
   (E) "RESIDENCE" SHALL MEAN A DWELLING THAT THE PATIENT CONSIDERS TO BE
 HIS OR HER HOME. A "RESIDENCE" FOR THE PURPOSES OF  THIS  ARTICLE  SHALL
 NOT  INCLUDE  ANY REHABILITATION FACILITY, HOSPITAL, GROUP HOME OR OTHER
 RESIDENTIAL HEALTH CARE FACILITY  AS  DEFINED  IN  SECTION  TWENTY-EIGHT
 HUNDRED  ONE  OF THIS ARTICLE OR ANY INPATIENT FACILITY REGULATED BY THE
 OFFICE OF MENTAL HEALTH.
   2. NOT LATER THAN TWENTY-FOUR HOURS PRIOR  TO  A  PATIENT'S  DISCHARGE
 FROM  A  HOSPITAL,  THE  HOSPITAL SHALL CONSULT WITH THE PATIENT AND THE
 PARENT OR LEGAL GUARDIAN OF THE PATIENT REGARDING SUCH PARENT  OR  LEGAL
 GUARDIAN'S  CAPABILITIES AND LIMITATIONS AND ISSUE A DISCHARGE PLAN THAT
 DESCRIBES A PATIENT'S AFTER-CARE NEEDS AT HIS OR  HER  RESIDENCE.  AT  A
 MINIMUM, SUCH DISCHARGE PLAN SHALL INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13990-02-9

 A. 10032                            2
 
   (A) A DESCRIPTION OF ALL AFTER-CARE TASKS RECOMMENDED BY THE DISCHARG-
 ING  PHYSICIAN,  TAKING INTO ACCOUNT THE CAPABILITIES AND LIMITATIONS OF
 THE CAREGIVER; AND
   (B)  CONTACT  INFORMATION  FOR  HEALTH  CARE, COMMUNITY RESOURCES, AND
 LONG-TERM SERVICES AND SUPPORT NECESSARY TO SUCCESSFULLY CARRY  OUT  THE
 PATIENT'S DISCHARGE PLAN.
   3.  THE  HOSPITAL  ISSUING  THE DISCHARGE PLAN SHALL OFFER PARENTS AND
 LEGAL GUARDIANS INSTRUCTION IN ALL AFTER-CARE  TASKS  DESCRIBED  IN  THE
 DISCHARGE PLAN.
   (A) AT MINIMUM, SUCH INSTRUCTION SHALL INCLUDE:
   (I)  A  LIVE  OR  RECORDED  DEMONSTRATION  OF THE TASKS PERFORMED BY A
 HOSPITAL EMPLOYEE AUTHORIZED TO PERFORM THE AFTER-CARE TASK, PROVIDED IN
 A CULTURALLY COMPETENT MANNER AND  IN  ACCORDANCE  WITH  THE  HOSPITAL'S
 REQUIREMENTS TO PROVIDE LANGUAGE ACCESS SERVICES UNDER STATE AND FEDERAL
 LAW;
   (II)  AN  OPPORTUNITY  FOR THE PARENT OR LEGAL GUARDIAN AND PATIENT TO
 ASK QUESTIONS ABOUT THE AFTER-CARE TASKS; AND
   (III) ANSWERS TO THE PARENT OR LEGAL GUARDIAN'S  AND  PATIENT'S  QUES-
 TIONS  PROVIDED  IN A CULTURALLY COMPETENT MANNER AND IN ACCORDANCE WITH
 THE HOSPITAL'S REQUIREMENTS TO PROVIDE LANGUAGE  ACCESS  SERVICES  UNDER
 STATE AND FEDERAL LAW.
   (B)  ANY  INSTRUCTIONS REQUIRED UNDER THIS ARTICLE SHALL BE DOCUMENTED
 IN THE PATIENT'S MEDICAL RECORD, INCLUDING, AT MINIMUM, THE DATE,  TIME,
 AND CONTENTS OF THE INSTRUCTION.
   4.  THE  DEPARTMENT  SHALL  PROMULGATE  RULES AND REGULATIONS TO ALLOW
 MEDICALLY FRAGILE YOUNG ADULTS WHO RESIDE IN PEDIATRIC SPECIALIZED NURS-
 ING FACILITIES TO REMAIN AT SUCH FACILITIES AFTER REACHING  THE  AGE  OF
 TWENTY-ONE. THE REIMBURSEMENT METHODOLOGY MUST REMAIN THE SAME AS IT WAS
 PRIOR  TO REACHING SUCH AGE AND INCLUDE A DAILY PER DIEM RATE AND COVER-
 AGE  FOR  BEDHOLDS.  MEDICAID  REIMBURSEMENT  FOR  THIS  POPULATION  FOR
 RESERVED  BEDS  DUE  TO  HOSPITALIZATION AND FOR THERAPEUTIC AND HOSPICE
 LEAVES OF ABSENCE MUST REMAIN AT ONE HUNDRED  PERCENT  OF  THE  MEDICAID
 RATE  OF  MEDICALLY FRAGILE CHILDREN. THE DEPARTMENT MAY NOT INSTITUTE A
 DAILY LIMIT AT EACH FACILITY FOR THIS POPULATION.
   5. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION, INCLUDING BUT NOT LIMITED  TO,
 REGULATIONS  TO  FURTHER DEFINE THE CONTENT AND SCOPE OF ANY INSTRUCTION
 PROVIDED TO PARENTS, LEGAL GUARDIANS AND PATIENTS UNDER THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.