Senate Bill S1728

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1728
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 section 1 of subpart B of part S of chapter 57 of the laws of
 2018, 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.
              

                                                            LBD06643-01-9

 S. 1728                             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. No
 provision  of  this  article  or  any  other  provision  of law shall be
 construed to: (a) limit the volume of mental  health  or  substance  use
 disorder  services  that  can  be provided by a provider of primary care
 services licensed under this article and  authorized  to  provide  inte-
 grated services in accordance with regulations issued by the commission-
 er  in consultation with the commissioner of the office of mental health
 and the commissioner of the office of  alcoholism  and  substance  abuse
 services,  including regulations issued pursuant to subdivision seven of
 section three hundred sixty-five-l of the social services law or part  L
 of  chapter  fifty-six of the laws of two thousand twelve; (b) require a
 provider licensed pursuant to article thirty-one of the  mental  hygiene
 law  or  certified  pursuant to article thirty-two of the mental hygiene
 law to obtain an operating  certificate  from  the  department  if  such
 provider  has  been authorized to provide integrated services in accord-
 ance with regulations issued by the commissioner  in  consultation  with
 the  commissioner of the office of mental health and the commissioner of
 the office of alcoholism and substance abuse services,  including  regu-
 lations  issued  pursuant  to subdivision seven of section three hundred
 sixty-five-l of the social services law or part L of  chapter  fifty-six
 of the laws of two thousand twelve.
   §  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.