|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 22, 2021||referred to health|
delivered to assembly
ordered to third reading cal.354
committed to rules
|Feb 10, 2021||2nd report cal.|
|Feb 09, 2021||1st report cal.354|
|Jan 27, 2021||referred to health|
senate Bill S3058
Current Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3058 (ACTIVE) - Details
S3058 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3058 SPONSOR: RIVERA TITLE OF BILL: 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 PURPOSE: This bill will ensure the safety and appropriate discharge or transfer of individuals from residential health care facilities. SUMMARY OF PROVISIONS: Section 1 of the bill would amend Article 28 of the public health law by adding a new section 2803-z. This section would include various require- ments necessary prior to an individual being transferred or discharged from a residential health care facility.
S3058 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3058 2021-2022 Regular Sessions I N S E N A T E January 27, 2021 ___________ Introduced by Sens. RIVERA, KRUEGER -- 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 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.
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