assembly Bill A3919

Signed By Governor
2021-2022 Legislative Session

Relates to establishing requirements for the transfer, discharge and voluntary discharge from residential health care facilities

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Sponsored By

Current Bill Status Via S3058 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 19, 2021 approval memo.2
signed chap.80
Mar 08, 2021 delivered to governor
Mar 04, 2021 returned to senate
passed assembly
ordered to third reading rules cal.24
substituted for a3919
Mar 04, 2021 substituted by s3058
Mar 02, 2021 ordered to third reading rules cal.24
rules report cal.24
Mar 01, 2021 reported
reported referred to rules
Feb 24, 2021 reported referred to codes
Jan 29, 2021 referred to health

Votes

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Feb 22, 2021 - Rules committee Vote

S3058
19
0
committee
19
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Feb 9, 2021 - Health committee Vote

S3058
10
0
committee
10
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

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A3919 (ACTIVE) - Details

See Senate Version of this Bill:
S3058
Law Section:
Public Health Law
Laws Affected:
Add §2803-z, amd §2803-c, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A10799, S8764

A3919 (ACTIVE) - Summary

Establishes requirements for the transfer, discharge and voluntary discharge from residential health care facilities.

A3919 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3919
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend  the  public  health law, in relation to establishing
   requirements for the transfer, discharge and voluntary discharge  from
   residential health care facilities
 
   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
 2803-z to read as follows:
   § 2803-Z. TRANSFER, DISCHARGE AND VOLUNTARY DISCHARGE REQUIREMENTS FOR
 RESIDENTIAL  HEALTH  CARE FACILITIES.  1. (A) NO RESIDENTIAL HEALTH CARE
 FACILITY SHALL TRANSFER OR DISCHARGE A RESIDENT UNLESS SUCH TRANSFER  OR
 DISCHARGE  IS  NECESSARY  FOR THE RESIDENT'S HEALTH, SAFETY, OR WELFARE,
 SUCH TRANSFER OR DISCHARGE IS NECESSARY TO PRESERVE THE HEALTH,  SAFETY,
 OR  WELFARE  OF  OTHER RESIDENTS, THE FACILITY DISCONTINUES OPERATION OR
 THE RESIDENT HAS FAILED TO PAY OR MAKE ARRANGEMENTS FOR  PAYMENT  FOR  A
 STAY AT THE FACILITY, UNLESS STATED OTHERWISE BY THIS SECTION.
   (B)  PRIOR TO A FACILITY INITIATING A TRANSFER OR DISCHARGE OF A RESI-
 DENT, THE FACILITY SHALL USE ITS BEST EFFORTS, INCLUDING COMPLIANCE WITH
 APPLICABLE FEDERAL AND STATE REGULATIONS, TO SECURE  APPROPRIATE  PLACE-
 MENT OR A RESIDENTIAL ARRANGEMENT FOR THE RESIDENT, OTHER THAN TEMPORARY
 HOUSING  ASSISTANCE.  FOR  PURPOSES  OF THIS SECTION, "TEMPORARY HOUSING
 ASSISTANCE" SHALL INCLUDE BUT NOT BE LIMITED  TO  A  FAMILY  SHELTER,  A
 SHELTER FOR ADULTS, A HOTEL, AN EMERGENCY APARTMENT, A DOMESTIC VIOLENCE
 SHELTER, OR A SAFE HOUSE FOR REFUGEES. NO RESIDENTIAL HEALTH CARE FACIL-
 ITY  SHALL INITIATE A TRANSFER OR DISCHARGE OF A RESIDENT TO THE HOME OF
 ANOTHER INDIVIDUAL WITHOUT THE WRITTEN CONSENT OF THE RESIDENT  AND  THE
 OTHER  INDIVIDUAL AND THE OTHER INDIVIDUAL HAS RECEIVED AND ACKNOWLEDGED
 THE COMPREHENSIVE DISCHARGE PLAN TO ADDRESS THE RESIDENT'S NEEDS.
   (C) AT LEAST THIRTY DAYS PRIOR TO  A  FACILITY-INITIATED  TRANSFER  OR
 DISCHARGE,  THE  RESIDENTIAL  HEALTH CARE FACILITY SHALL PROVIDE WRITTEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.