senate Bill S1035A

2021-2022 Legislative Session

Prohibits general hospitals from disallowing individuals with disabilities from having an essential support person accompany them for the duration of their hospitalization

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Disabilities Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 01, 2021 print number 1035a
Feb 01, 2021 amend (t) and recommit to disabilities
Jan 06, 2021 referred to disabilities

Co-Sponsors

view additional co-sponsors

S1035 - Details

See Assembly Version of this Bill:
A4685
Current Committee:
Senate Disabilities
Law Section:
Public Health Law
Laws Affected:
Add §2828, Pub Health L

S1035 - Summary

Prohibits general hospitals from disallowing individuals with disabilities from having an essential support person accompany them for the duration of their hospitalization in response to a pandemic or state disaster emergency.

S1035 - Sponsor Memo

S1035 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1035
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the public health law, in relation to prohibiting hospi-
   tals from disallowing individuals with  disabilities  from  having  an
   essential  support  person  accompany  them  for the duration of their
   hospitalization
 
   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. ESSENTIAL SUPPORT PERSONS ALLOWED FOR INDIVIDUALS  WITH  DISA-
 BILITIES  DURING A STATE OF EMERGENCY.  1. FOR PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DISABILITY" SHALL MEAN ANY CONDITION OR DISORDER  WHICH  PREVENTS
 OR  MAKES  DIFFICULT  FOR  AN  INDIVIDUAL  THE  ABILITY TO COMMUNICATE A
 MEDICAL CONDITION OR CERTAIN SPECIFIC MEDICAL OR EVERYDAY NEEDS, INCLUD-
 ING, BUT NOT LIMITED TO, AUTISM OR CEREBRAL PALSY.
   (B) "ESSENTIAL SUPPORT PERSON" SHALL MEAN AN INDIVIDUAL WHO FREQUENTLY
 ACCOMPANIES AND ASSISTS AN INDIVIDUAL WITH A  DISABILITY  WITH  MANAGING
 AND  COMMUNICATING  BASIC  OR MEDICAL NEEDS AND IS CONSIDERED A CRITICAL
 MEMBER OF SUCH INDIVIDUAL'S HEALTH CARE TEAM.
   2. (A) NO  HOSPITAL  SHALL  ESTABLISH  ANY  RULES  OR  REGULATIONS  IN
 RESPONSE  TO  A  PANDEMIC  OR  STATE  DISASTER EMERGENCY DECLARED BY THE
 GOVERNOR, PROHIBITING A PATIENT  WHO  SUFFERS  FROM  A  DISABILITY  FROM
 HAVING  ACCESS  TO AN ESSENTIAL SUPPORT PERSON FOR THE DURATION OF THEIR
 HOSPITALIZATION FROM INTAKE TO DISCHARGE.
   (B) AN INDIVIDUAL WITH A DISABILITY SHALL BE ALLOWED  TO  DESIGNATE  A
 SINGLE  PRIMARY  ESSENTIAL  SUPPORT  PERSON  TO  ASSIST WITH MEDICAL AND
 EVERYDAY NEEDS DURING HOSPITALIZATION AND SUCH ESSENTIAL SUPPORT  PERSON
 SHALL BE LIMITED TO SUCH INDIVIDUAL'S PARENT, SPOUSE OR CARETAKER.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S1035A (ACTIVE) - Details

See Assembly Version of this Bill:
A4685
Current Committee:
Senate Disabilities
Law Section:
Public Health Law
Laws Affected:
Add §2828, Pub Health L

S1035A (ACTIVE) - Summary

Prohibits general hospitals from disallowing individuals with disabilities from having an essential support person accompany them for the duration of their hospitalization in response to a pandemic or state disaster emergency.

S1035A (ACTIVE) - Sponsor Memo

S1035A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1035--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  ADDABBO,  BORRELLO,  BROUK,  GALLIVAN,  GIANARIS,
   GOUNARDES, JACKSON, LIU, MARTUCCI, PALUMBO, PERSAUD, RAMOS,  REICHLIN-
   MELNICK,  RIVERA,  SANDERS, TEDISCO -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Disabilities  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the public health law, in relation to prohibiting gener-
   al hospitals  from  disallowing  individuals  with  disabilities  from
   having  an essential support person accompany them for the duration of
   their hospitalization
 
   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. ESSENTIAL SUPPORT PERSONS ALLOWED FOR INDIVIDUALS  WITH  DISA-
 BILITIES  DURING A STATE OF EMERGENCY.  1. FOR PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DISABILITY" SHALL MEAN ANY CONDITION OR DISORDER  WHICH  PREVENTS
 OR  MAKES  DIFFICULT  FOR  AN  INDIVIDUAL  THE  ABILITY TO COMMUNICATE A
 MEDICAL CONDITION OR CERTAIN SPECIFIC MEDICAL OR EVERYDAY NEEDS, INCLUD-
 ING, BUT NOT LIMITED TO, AUTISM OR CEREBRAL PALSY.
   (B) "ESSENTIAL SUPPORT PERSON" SHALL MEAN AN INDIVIDUAL WHO FREQUENTLY
 ACCOMPANIES AND ASSISTS AN INDIVIDUAL WITH A  DISABILITY  WITH  MANAGING
 AND  COMMUNICATING  BASIC  OR MEDICAL NEEDS AND IS CONSIDERED A CRITICAL
 MEMBER OF SUCH INDIVIDUAL'S HEALTH CARE TEAM.
   2. (A) NO GENERAL HOSPITAL SHALL ESTABLISH ANY RULES OR REGULATIONS IN
 RESPONSE TO A PANDEMIC OR  STATE  DISASTER  EMERGENCY  DECLARED  BY  THE
 GOVERNOR,  PROHIBITING  A  PATIENT  WHO  SUFFERS  FROM A DISABILITY FROM
 HAVING ACCESS TO AN ESSENTIAL SUPPORT PERSON FOR THE DURATION  OF  THEIR
 HOSPITALIZATION FROM INTAKE TO DISCHARGE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06482-03-1

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