NY State Senate Bill 2021-S5121

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Feb 24, 2021	referred to health

co-Sponsors

2021-S5121 (ACTIVE) - Details

See Assembly Version of this Bill:: A7376
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2803-u, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S2700, A4316
2025-2026: S1987, A661

2021-S5121 (ACTIVE) - Summary

Requires hospitals to provide medically supervised detoxification services to all patients requiring such services; provides, that if the hospital is at ninety percent capacity or greater, such hospital shall connect the patient to an alternative facility within such patient's network to access such medically supervised detoxification services without any increased risk to the health or life of the patient.

2021-S5121 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5121

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring hospi-
tals to provide medically supervised detoxification services

 
PURPOSE:

Requires hospitals to provide medically supervised detoxification
services SUMMARY OF PROVISIONS:

Section 1 provides that hospitals must provide medically supervised
detoxification services to all patients requiring such services. In the
event that the hospital is at ninety percent capacity or greater such
hospital shall connect the patient to an alternative facility with such
patient's network to access such medically supervised detoxification
services without any increased risk to the health or life of the
patient.

Section 2 amends section 280-u of the public health law. Section 280-u

provides penalties associated with the violation of section 1 of this
bill. Including a penalty not exceeding one thousand dollars for each
offense.

 
JUSTIFICATION:

At the onset of the COVID pandemic hospital bed capacity was of grave
concern to New York. For a period of time we were unsure if our hospital
system was going to be overrun by people impacted by the virus. During
this time many hospitals turned away individuals looking to enter
medically supervised detoxification treatment.  As New Yorker's bent the
curve, and the need for hospital beds was no longer as dire, hospitals
continued to deny care to those suffering with substance use disorder.
Now some hospitals are claiming that they have changed their infrastruc-
ture and are no longer set up to care for these individuals. We need to
send a clear signal that this practice is unacceptable. The needs of an
individual suffering with substance use disorder can be just as
medically necessary, and their lives are equally valuable.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after the expiration of
the declared state of emergency relating to the novel coronavirus
(COVID-19); provided, that the superintendent of financial services
shall notify the legislative bill drafting commission upon the occur-
rence of the expiration of the state disaster emergency declared by
executive order number 202 and any further amendments or modifications,
and as may be further extended pursuant to section 28 of the executive
law, in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effectuating the provisions of section 44 of the
28 legislative law and section 70-b of the public officers law.

2021-S5121 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5121
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 to provide medically supervised detoxification services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (b) and (c) of subdivision 2 of  section  2803-u
 of  the public health law, as added by section 1 of part C of chapter 70
 of the laws of 2016, are amended and a new paragraph  (d)  is  added  to
 read as follows:
   (b)  establish  and implement training, within existing or in addition
 to current training programs, for all individuals licensed or  certified
 pursuant  to title eight of the education law who provide direct patient
 care regarding the policies and procedures established pursuant to  this
 section; [and]
   (c)  except  where  an  individual  has  come  into the hospital under
 section 22.09 of the mental  hygiene  law,  if  the  hospital  does  not
 directly  provide  substance  use disorder services, then it shall refer
 individuals in need of substance use disorder services to and coordinate
 with substance use disorder services programs  that  provide  behavioral
 health  services,  as  defined  in  section  1.03  of the mental hygiene
 law[.]; AND
   (D)  PROVIDE  MEDICALLY  SUPERVISED  DETOXIFICATION  SERVICES  TO  ALL
 PATIENTS  REQUIRING  SUCH SERVICES; PROVIDED, THAT IF THE HOSPITAL IS AT
 NINETY PERCENT CAPACITY OR GREATER,  SUCH  HOSPITAL  SHALL  CONNECT  THE
 PATIENT  TO  AN  ALTERNATIVE  FACILITY  WITHIN SUCH PATIENT'S NETWORK TO
 ACCESS SUCH MEDICALLY SUPERVISED  DETOXIFICATION  SERVICES  WITHOUT  ANY
 INCREASED RISK TO THE HEALTH OR LIFE OF THE PATIENT.
   § 2. This act shall take effect on the thirtieth day after the expira-
 tion  of the declared state of emergency relating to the novel coronavi-
 rus (COVID-19); provided, that the superintendent of financial  services
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09217-01-1

 S. 5121                             2
 
 shall  notify  the  legislative bill drafting commission upon the occur-
 rence of the expiration of the  state  disaster  emergency  declared  by
 executive  order number 202 and any further amendments or modifications,
 and  as  may be further extended pursuant to section 28 of the executive
 law, in order that the commission may maintain an  accurate  and  timely
 effective data base of the official text of the laws of the state of New
 York  in furtherance of effectuating the provisions of section 44 of the
 legislative law and section 70-b of the public officers law.

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Senate Bill S5121

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Archive: Last Bill Status - In Senate Committee Health Committee

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co-Sponsors

2021-S5121 (ACTIVE) - Details

2021-S5121 (ACTIVE) - Summary

2021-S5121 (ACTIVE) - Sponsor Memo

2021-S5121 (ACTIVE) - Bill Text download pdf

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

co-Sponsors

Michelle Hinchey

2021-S5121 (ACTIVE) - Details

2021-S5121 (ACTIVE) - Summary

2021-S5121 (ACTIVE) - Sponsor Memo

2021-S5121 (ACTIVE) - Bill Text download pdf

Comments