Senate Bill S1736

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1736
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by Sens. SKOUFIS, SALAZAR -- 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 part Z of chapter 57 of the  laws  of  2019,  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
 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00334-01-1

 S. 1736                             2
 
 provision  of  this  article  or  any  other  provision  of law shall be
 construed to: (a) limit the  volume  of  mental  health,  substance  use
 disorder  services  or  developmental  disability  services  that can be
 provided  by  a  provider  of  primary care services licensed under this
 article and authorized to provide integrated services in accordance with
 regulations issued by the commissioner in consultation with the  commis-
 sioner of the office of mental health, the commissioner of the office of
 [alcoholism   and  substance  abuse  services]  ADDICTION  SERVICES  AND
 SUPPORTS and the commissioner of the office  for  people  with  develop-
 mental  disabilities,  including regulations issued pursuant to subdivi-
 sion 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 sixteen or 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 accordance with regulations issued by the commis-
 sioner in consultation with the commissioner of  the  office  of  mental
 health,  the  commissioner  of  the  office of [alcoholism and substance
 abuse services] ADDICTION SERVICES AND SUPPORTS and the commissioner  of
 the  office  for people with developmental disabilities, 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.