S T A T E O F N E W Y O R K
________________________________________________________________________
651
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00842-01-1
S. 651 2
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:
(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.