senate Bill S3058

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 22, 2021 referred to health
delivered to assembly
passed senate
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

Votes

view votes

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 Rules 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 Health committee vote details

Health Committee Vote: Feb 9, 2021

Co-Sponsors

S3058 (ACTIVE) - Details

See Assembly Version of this Bill:
A3919
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2803-z, amd §2803-c, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
S8764, A10799

S3058 (ACTIVE) - Summary

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

S3058 (ACTIVE) - Sponsor Memo

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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