S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2165--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sens.  MAY, BROUK, FAHY, FERNANDEZ, GOUNARDES, HARCKHAM,
   HINCHEY, JACKSON, WEBB -- read twice and  ordered  printed,  and  when
   printed  to  be  committed  to  the  Committee  on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the public health law, in relation to prohibited  hospi-
   tal  interference  with patient care; and to repeal certain provisions
   of such law relating to required protocols for fetal demise
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2805-b  of  the public health law, as amended by
 chapter 787 of the laws of 1983, subdivision 1 as amended by chapter 121
 of the laws of 1987, subdivision 3 as amended by chapter 723 of the laws
 of 1989, subdivision 5 as amended by section 77 of part PP of chapter 56
 of the laws of 2022, is amended to read as follows:
   § 2805-b. Admission of patients and emergency treatment of nonadmitted
 patients. 1. FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) (I) "EMERGENCY MEDICAL CONDITION" SHALL MEAN:
   (A) A MEDICAL CONDITION MANIFESTING ITSELF BY ACUTE SYMPTOMS OF SUFFI-
 CIENT  SEVERITY, INCLUDING SEVERE PAIN, SUCH THAT THE ABSENCE OF IMMEDI-
 ATE MEDICAL ATTENTION COULD REASONABLY BE EXPECTED TO RESULT IN:
   (1) SERIOUS INJURY OR ILLNESS;
   (2) PLACING THE HEALTH OF THE INDIVIDUAL IN SERIOUS JEOPARDY;
   (3) SERIOUS IMPAIRMENT TO BODILY FUNCTIONS, INCLUDING RISKS TO  FUTURE
 FERTILITY; OR
   (4) SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART; OR
   (B) WITH RESPECT TO A PREGNANT PERSON WHO IS IN ACTIVE LABOR:
   (1) THAT THERE IS INADEQUATE TIME TO EFFECT A SAFE TRANSFER TO ANOTHER
 HOSPITAL BEFORE DELIVERY; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02863-03-5
 S. 2165--A                          2
              

 
   (2)  THAT TRANSFER POSES A THREAT TO THE HEALTH OR SAFETY OF THE PREG-
 NANT PERSON OR THE PREGNANCY.
   (II)  "EMERGENCY  MEDICAL  CONDITION" INCLUDES, BUT IS NOT LIMITED TO,
 ECTOPIC PREGNANCY; COMPLICATIONS OF OR RESULTING FROM  PREGNANCY,  PREG-
 NANCY  LOSS,  OR ATTEMPTED TERMINATION OF PREGNANCY; RISKS OF INFECTION;
 RISKS TO FUTURE FERTILITY; SEPSIS; ACUTE BLOOD LOSS;  PREVIABLE  PRETERM
 PREMATURE  RUPTURE  OF  MEMBRANES  OR  CERVICAL  INSUFFICIENCY; PLACENTA
 ABNORMALITIES; ACUTE MENTAL  ILLNESS;  ACUTE  OR  EMERGENT  HYPERTENSIVE
 DISORDERS,  SUCH  AS  PREECLAMPSIA, OR ANY OTHER CONDITION A HEALTH CARE
 PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER TITLE EIGHT OF THE
 EDUCATION LAW, ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE  DETERMINES,
 IN THE PRACTITIONER'S REASONABLE MEDICAL JUDGMENT, TO BE AN EMERGENCY AS
 DEFINED IN THIS PARAGRAPH.
   (B)  "STABILIZE"  SHALL  MEAN,  WITH  RESPECT  TO AN EMERGENCY MEDICAL
 CONDITION DESCRIBED IN CLAUSE (A) OF SUBPARAGRAPH (I) OF  PARAGRAPH  (A)
 OF  THIS SUBDIVISION, TO PROVIDE SUCH MEDICAL TREATMENT OF THE CONDITION
 AS MAY BE NECESSARY TO ASSURE, WITHIN  REASONABLE  MEDICAL  PROBABILITY,
 THAT NO MATERIAL DETERIORATION OF THE CONDITION IS LIKELY TO RESULT FROM
 OR OCCUR DURING THE TRANSFER OF THE INDIVIDUAL FROM A FACILITY, OR, WITH
 RESPECT  TO  AN  EMERGENCY  MEDICAL CONDITION DESCRIBED IN CLAUSE (B) OF
 SUBPARAGRAPH (I) OF PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  TO  DELIVER,
 INCLUDING THE PLACENTA. "STABILIZING TREATMENT" INCLUDES ABORTION PURSU-
 ANT  TO  SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS CHAPTER WHEN
 FAILURE TO PROVIDE AN  ABORTION  WILL,  WITHIN  REASONABLE  PROBABILITY,
 RESULT  IN  MATERIAL  DETERIORATION  OF  THE PATIENT'S CONDITION UPON OR
 DURING TRANSFER OF THE PATIENT FROM THE FACILITY.
   (C) "TRANSFER" SHALL MEAN THE MOVEMENT, INCLUDING THE DISCHARGE, OF AN
 INDIVIDUAL OUTSIDE OF A GENERAL HOSPITAL'S FACILITIES AT  THE  DIRECTION
 OF  ANY  PERSON  EMPLOYED  BY,  OR AFFILIATED OR ASSOCIATED, DIRECTLY OR
 INDIRECTLY, WITH, THE GENERAL HOSPITAL, BUT DOES NOT INCLUDE  THE  MOVE-
 MENT OF AN INDIVIDUAL WHO (I) HAS BEEN DECLARED DEAD, OR (II) LEAVES THE
 FACILITY WITHOUT THE PERMISSION OF ANY SUCH PERSON.
   (D)  "APPROPRIATE TRANSFER" SHALL MEAN A TRANSFER TO A MEDICAL FACILI-
 TY:
   (I) IN WHICH THE TRANSFERRING GENERAL HOSPITAL  PROVIDES  THE  MEDICAL
 TREATMENT  WITHIN ITS CAPACITY WHICH MINIMIZES THE RISKS TO THE INDIVID-
 UAL'S HEALTH;
   (II) IN WHICH THE RECEIVING FACILITY:
   (A) HAS AVAILABLE SPACE AND QUALIFIED PERSONNEL FOR THE  TREATMENT  OF
 THE INDIVIDUAL; AND
   (B)  HAS  AGREED  TO  ACCEPT TRANSFER OF THE INDIVIDUAL AND TO PROVIDE
 APPROPRIATE MEDICAL TREATMENT;
   (III) IN WHICH THE TRANSFERRING GENERAL HOSPITAL SENDS TO THE  RECEIV-
 ING  FACILITY ALL MEDICAL RECORDS RELATED TO THE EMERGENCY CONDITION FOR
 WHICH THE INDIVIDUAL HAS PRESENTED AVAILABLE AT THE TIME OF  THE  TRANS-
 FER,  INCLUDING  RECORDS  RELATED  TO THE INDIVIDUAL'S EMERGENCY MEDICAL
 CONDITION, OBSERVATIONS OF SIGNS  OR  SYMPTOMS,  PRELIMINARY  DIAGNOSIS,
 TREATMENT  PROVIDED,  RESULTS  OF  ANY  TESTS  AND  THE INFORMED WRITTEN
 CONSENT OR CERTIFICATION OR COPY  THEREOF  PROVIDED  UNDER  SUBPARAGRAPH
 (III)  OF PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, UNLESS THE
 PATIENT OBJECTS;
   (IV) IN WHICH THE TRANSFER IS EFFECTED THROUGH QUALIFIED PERSONNEL AND
 TRANSPORTATION EQUIPMENT, AS REQUIRED, INCLUDING THE  USE  OF  NECESSARY
 AND MEDICALLY APPROPRIATE LIFE SUPPORT MEASURES DURING THE TRANSFER; AND
   (V)  IN  WHICH PRIOR TO THE TRANSFER, THE EMERGENCY MEDICAL TECHNICIAN
 OR PARAMEDIC ASSIGNED TO ACCOMPANY THE PATIENT IN THE AMBULANCE SHALL BE
 S. 2165--A                          3
 
 PROVIDED WITH A COMPLETED FORM WHICH SHALL INCLUDE AT LEAST THE  FOLLOW-
 ING  INFORMATION AND SUCH ADDITIONAL INFORMATION AS THE COMMISSIONER MAY
 REQUIRE:
   (A) THE PATIENT'S NAME;
   (B) THE DIAGNOSED CONDITION OF THE PATIENT;
   (C) ANY TREATMENT ADMINISTERED TO THE PATIENT;
   (D) ANY MEDICATION GIVEN TO THE PATIENT;
   (E) THE NAME OF THE HEALTH CARE PRACTITIONER ORDERING THE TRANSFER;
   (F)  THE  NAME  OF THE HOSPITAL FROM WHICH THE PATIENT IS BEING TRANS-
 FERRED;
   (G) THE NAME OF THE HEALTH CARE PRACTITIONER OR PRACTITIONERS  WHO  IS
 OR  ARE  WILLING  AND  AUTHORIZED  TO  RECEIVE  THE  PATIENT  AT THE NEW
 LOCATION;
   (H) THE NAME OF THE HOSPITAL OR OTHER FACILITY THAT IS TO RECEIVE  THE
 PATIENT;
   (I) THE DATE AND TIME OF TRANSFER; AND
   (J)  THE SIGNATURE OF THE HEALTH CARE PRACTITIONER ORDERING THE TRANS-
 FER.
   THE FORM FOR THIS PURPOSE SHALL BE PROMULGATED BY THE COMMISSIONER AND
 DISTRIBUTED TO ALL GENERAL HOSPITALS. THE COMPLETED FORM SHALL BE  GIVEN
 TO  THE RECEIVING FACILITY UPON COMPLETION OF THE AMBULANCE TRIP FOR USE
 BY THE RECEIVING HEALTH CARE PRACTITIONER.
   2. Every general hospital AS DEFINED IN THIS ARTICLE shall  admit  any
 person  who  is in need of immediate hospitalization with all convenient
 speed and shall not before admission question the patient or any  member
 of  [his  or  her]  THE PATIENT'S family concerning insurance, credit or
 payment of charges, provided, however, that the patient or a  member  of
 [his or her] THE PATIENT'S family shall agree to supply such information
 promptly  after  the patient's admission.   However, no general hospital
 shall require any patient or member of [his or her] THE PATIENT'S family
 to write or to sign during those times when the religious tenets of such
 person temporarily prohibit [him or her]  SUCH  PERSON  from  performing
 such  acts.  No  general  hospital shall transfer any patient to another
 hospital or health care facility on the  grounds  that  the  patient  is
 unable  to pay or guarantee payment for services rendered. Every general
 hospital which maintains facilities for providing out-patient  emergency
 medical care must provide such care to any person who, in the opinion of
 a  [physician]  HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHOR-
 IZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN THEIR  LAWFUL
 SCOPE OF PRACTICE, requires such care.
   [2.  In cities with a population of one million or more, (a) a general
 hospital shall provide emergency  medical  care  and  treatment  to  all
 persons in need of such care and treatment who arrive at the entrance to
 such hospital therefor. Any general hospital which fails to provide such
 treatment  shall  be  guilty of a misdemeanor. However, the commissioner
 may exempt a general hospital from the provisions of this  paragraph  if
 he determines such general hospital is structured to provide specialized
 or limited treatment.
   (b)  Any  licensed  medical practitioner who refuses to treat a person
 arriving at a general hospital to receive  emergency  medical  treatment
 who  is  in  need  of  such  treatment;  or any person who in any manner
 excludes, obstructs or interferes with the  ingress  of  another  person
 into a general hospital who appears there for the purpose of being exam-
 ined  or  diagnosed  or treated; or any person who obstructs or prevents
 such other person from being examined or  diagnosed  or  treated  by  an
 attending physician thereat shall be guilty of a misdemeanor and subject
 S. 2165--A                          4

 to  a  term  of  imprisonment  not  to exceed one year and a fine not to
 exceed one thousand dollars. Any emergency medical technician, paramedic
 or ambulance driver who transports a person to a general hospital  where
 such  person  is  refused  entrance by anyone or is refused examination,
 diagnosis or treatment by an attending physician  thereat  shall  report
 all  such incidents to the state commissioner of health or his designee,
 on a form which shall be promulgated by such commissioner.  After  exam-
 ination, diagnosis and treatment by an attending physician and where, in
 the  opinion  of  such physician, the patient has been stabilized suffi-
 ciently to permit  it,  subsequent  medical  care  may  be  provided  or
 procured  by  the  general hospital at a location other than the general
 hospital if, in the opinion of the attending physician,  it  is  in  the
 best  interest of the patient because the general hospital does not have
 the proper equipment or personnel at hand to deal  with  the  particular
 medical  emergency  or  because all appropriate beds are filled and none
 are likely to become  available  within  a  reasonable  time  after  the
 patient has been stabilized.
   (c)  Whenever a previously stabilized emergency room patient is there-
 after transferred for medical care to another location by  means  of  an
 ambulance,  the  attending  physician  authorizing  the  transfer in the
 general hospital from which the patient is transferred  shall  determine
 that  a  receiving  hospital  is  available  and willing to receive such
 patient and that an attending physician thereat is available and willing
 to admit such patient. Just prior to the transfer, the emergency medical
 technician or paramedic assigned to accompany the patient in  the  ambu-
 lance  shall  be  provided  with a completed form which shall include at
 least the following information and such additional information  as  the
 commissioner may require:
   (i) the patient's name;
   (ii) the diagnosed condition of the patient;
   (iii) any treatment administered to the patient;
   (iv) any medication given to the patient;
   (v) the name of the physician ordering the transfer;
   (vi)  the  name of the hospital from which the patient is being trans-
 ferred;
   (vii) the name of the physician or physicians who is  or  are  willing
 and authorized to receive the patient at the new location;
   (viii)  the  name of the hospital or other facility that is to receive
 the patient;
   (ix) the date and time of transfer; and
   (x) the signature of the physician ordering the transfer.
   The form for this purpose shall be promulgated by the commissioner and
 distributed to all general hospitals in any  such  city.  The  completed
 form  shall  be  given  to the receiving facility upon completion of the
 ambulance trip for use by the receiving physician.]
   3. (A) EVERY GENERAL HOSPITAL MUST PROVIDE APPROPRIATE MEDICAL SCREEN-
 ING EXAMINATION WITHIN THE CAPABILITY OF THE GENERAL HOSPITAL'S EMERGEN-
 CY DEPARTMENT, INCLUDING ANCILLARY SERVICES ROUTINELY AVAILABLE  TO  THE
 EMERGENCY  DEPARTMENT  WHEN A REQUEST IS MADE BY AN INDIVIDUAL OR ON THE
 INDIVIDUAL'S BEHALF FOR EXAMINATION OR TREATMENT FOR A MEDICAL CONDITION
 TO DETERMINE WHETHER AN EMERGENCY MEDICAL CONDITION EXISTS. WITH RESPECT
 TO A PREGNANT PERSON, SUCH MEDICAL SCREENING EXAMINATION MUST INCLUDE  A
 DETERMINATION  BY  A  HEALTH  CARE  PRACTITIONER LICENSED, CERTIFIED, OR
 AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING  WITHIN  THEIR
 LAWFUL  SCOPE  OF  PRACTICE  AS  TO  WHETHER THE INDIVIDUAL IS IN ACTIVE
 LABOR.  A GENERAL HOSPITAL MAY NOT DELAY  PROVISION  OF  AN  APPROPRIATE
 S. 2165--A                          5
 
 MEDICAL SCREENING EXAMINATION OR FURTHER MEDICAL EXAMINATION, AND TREAT-
 MENT  REQUIRED  UNDER  PARAGRAPH  (B)  OF  THIS  SUBDIVISION IN ORDER TO
 INQUIRE ABOUT THE INDIVIDUAL'S METHOD OF PAYMENT OR INSURANCE STATUS.
   (B)  IF  ANY  INDIVIDUAL  COMES  TO A GENERAL HOSPITAL AND THE GENERAL
 HOSPITAL DETERMINES THAT THE INDIVIDUAL HAS AN EMERGENCY MEDICAL  CONDI-
 TION, THE GENERAL HOSPITAL MUST PROVIDE EITHER:
   (I) WITHIN THE STAFF AND FACILITIES AVAILABLE AT THE GENERAL HOSPITAL,
 SUCH  FURTHER  MEDICAL EXAMINATION AND SUCH TREATMENT AS MAY BE REQUIRED
 TO STABILIZE THE MEDICAL CONDITION; OR
   (II) FOR TRANSFER OF THE INDIVIDUAL TO  ANOTHER  MEDICAL  FACILITY  IN
 ACCORDANCE WITH PARAGRAPH (F) OF THIS SUBDIVISION.
   (C)  ADMISSION  OF  AN  INDIVIDUAL  EXPERIENCING  AN EMERGENCY MEDICAL
 CONDITION DOES NOT RELIEVE A  GENERAL  HOSPITAL  OF  THE  OBLIGATION  TO
 PROVIDE  ANY  SUCH  TREATMENT  THAT, WITHIN REASONABLE PROBABILITY, WILL
 PREVENT MATERIAL DETERIORATION OF THE PATIENT'S CONDITION.
   (D) A GENERAL HOSPITAL IS DEEMED TO MEET THE REQUIREMENT OF  PARAGRAPH
 (B)  OF  THIS  SUBDIVISION  WITH RESPECT TO AN INDIVIDUAL IF THE GENERAL
 HOSPITAL OFFERS THE  INDIVIDUAL  THE  FURTHER  MEDICAL  EXAMINATION  AND
 TREATMENT DESCRIBED IN SUCH SUBDIVISION AND INFORMS THE INDIVIDUAL, OR A
 PERSON LEGALLY AUTHORIZED TO MAKE HEALTH CARE DECISIONS ON BEHALF OF THE
 INDIVIDUAL  OF THE RISKS AND BENEFITS TO THE INDIVIDUAL OF SUCH EXAMINA-
 TION AND TREATMENT, BUT THE INDIVIDUAL, OR A PERSON  LEGALLY  AUTHORIZED
 TO  MAKE  HEALTH  CARE DECISIONS ON BEHALF OF THE INDIVIDUAL, REFUSES TO
 CONSENT TO THE EXAMINATION AND TREATMENT.  THE  GENERAL  HOSPITAL  SHALL
 TAKE  ALL  REASONABLE  STEPS TO SECURE THE INDIVIDUAL'S WRITTEN INFORMED
 CONSENT, OR THAT OF AN INDIVIDUAL LEGALLY AUTHORIZED TO MAKE HEALTH CARE
 DECISIONS ON BEHALF OF THE INDIVIDUAL, TO REFUSE  SUCH  EXAMINATION  AND
 TREATMENT.
   (E)  IF  AN  INDIVIDUAL AT A GENERAL HOSPITAL HAS AN EMERGENCY MEDICAL
 CONDITION WHICH HAS NOT BEEN STABILIZED, THE GENERAL  HOSPITAL  MAY  NOT
 TRANSFER THE INDIVIDUAL UNLESS:
   (I) THE INDIVIDUAL, OR A PERSON LEGALLY AUTHORIZED TO MAKE HEALTH CARE
 DECISIONS  ON  BEHALF  OF  THE  INDIVIDUAL,  AFTER BEING INFORMED OF THE
 GENERAL HOSPITAL'S OBLIGATIONS UNDER THIS SECTION AND  OF  THE  RISK  OF
 TRANSFER, IN WRITING, REQUESTS TRANSFER TO ANOTHER MEDICAL FACILITY; AND
   (II)  A  HEALTH  CARE  PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED
 UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN THEIR LAWFUL SCOPE
 OF PRACTICE HAS SIGNED A CERTIFICATION THAT:
   (A) BASED UPON THE INFORMATION AVAILABLE AT THE TIME OF TRANSFER,  THE
 MEDICAL  BENEFITS  REASONABLY EXPECTED FROM THE PROVISION OF APPROPRIATE
 MEDICAL TREATMENT AT ANOTHER MEDICAL  FACILITY  OUTWEIGH  THE  INCREASED
 RISKS TO THE INDIVIDUAL; AND
   (B) THE TRANSFER IS AN APPROPRIATE TRANSFER TO THAT FACILITY.
   A CERTIFICATION DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL
 INCLUDE A SUMMARY OF THE RISKS AND BENEFITS UPON WHICH THE CERTIFICATION
 IS BASED.
   (F)  A  GENERAL  HOSPITAL  SHALL  NOT  REFUSE TO ACCEPT AN APPROPRIATE
 TRANSFER OF AN INDIVIDUAL WHO REQUIRES SUCH SPECIALIZED CAPABILITIES  OR
 FACILITIES  IF  THE GENERAL HOSPITAL HAS THE CAPACITY TO TREAT THE INDI-
 VIDUAL.
   (G) A GENERAL HOSPITAL MAY  NOT  DELAY  PROVISION  OF  AN  APPROPRIATE
 MEDICAL  SCREENING  EXAMINATION  REQUIRED  UNDER  PARAGRAPH  (A) OF THIS
 SUBDIVISION OR FURTHER MEDICAL EXAMINATION AND TREATMENT REQUIRED  UNDER
 PARAGRAPH (B) OF THIS SUBDIVISION IN ORDER TO INQUIRE ABOUT THE INDIVID-
 UAL'S METHOD OF PAYMENT OR INSURANCE STATUS.
 S. 2165--A                          6
 
   (H)  A  GENERAL  HOSPITAL MAY NOT PENALIZE, RETALIATE, DISCRIMINATE OR
 OTHERWISE TAKE AN ADVERSE ACTION AGAINST  A  HEALTH  CARE  PRACTITIONER,
 BECAUSE  THE  PRACTITIONER REFUSES TO AUTHORIZE THE TRANSFER OF AN INDI-
 VIDUAL WITH AN EMERGENCY MEDICAL CONDITION THAT HAS NOT BEEN  STABILIZED
 OR  BECAUSE THE PRACTITIONER PROVIDES TREATMENT NECESSARY TO STABILIZE A
 PATIENT WHO IS, IN THE PRACTITIONER'S REASONABLE MEDICAL JUDGMENT, EXPE-
 RIENCING AN EMERGENCY MEDICAL CONDITION.  A  GENERAL  HOSPITAL  MAY  NOT
 PENALIZE,  RETALIATE,  DISCRIMINATE  OR OTHERWISE TAKE AN ADVERSE ACTION
 AGAINST ANY INDIVIDUAL BECAUSE THE INDIVIDUAL REPORTS A VIOLATION  OF  A
 REQUIREMENT OF THIS SUBDIVISION.
   4.  GENERAL  HOSPITALS SHALL ADOPT, IMPLEMENT, AND PERIODICALLY UPDATE
 STANDARD PROTOCOLS FOR THE MANAGEMENT OF EMERGENCY  MEDICAL  CONDITIONS,
 INCLUDING  DIAGNOSIS,  STABILIZATION,  TREATMENT, OR TRANSFER TO ANOTHER
 MEDICAL UNIT OR FACILITY.
   5. A general hospital within a city with a population of  one  million
 or  more may request the emergency medical service of such city's health
 and hospitals corporation or any person, firm,  organization  or  corpo-
 ration  providing  ambulance  service  to  divert  ambulances to another
 hospital only under the following circumstances:
   A request for diversion of emergency patients  with  life  threatening
 conditions  shall only be made by a hospital when acceptance of an addi-
 tional critical patient may endanger the life of  that  patient  or  the
 life  of another patient. A request for the diversion of other emergency
 patients shall only be made when all appropriate  beds  are  filled  and
 shall  be  withdrawn  as soon as a bed is available. Notwithstanding the
 foregoing, all requests for diversion must be renewed at  the  beginning
 of  each  tour of duty as designated by the emergency medical service of
 such city's health and hospitals corporation.
   Diversion of patients with certain medical conditions  which,  in  the
 best  interest  of  the  patients,  require  their transport directly to
 specialty referral centers shall be permitted following the  designation
 of such specialty referral centers. Diversion of patients with psychiat-
 ric  conditions to comprehensive psychiatric emergency programs, as such
 term is defined in section 1.03 of the mental hygiene law,  and  subject
 to  the provisions of section 31.27 of such law, shall only be permitted
 following the designation of the programs by the commissioners of health
 and mental health to receive such patients.
   [4.] 6. Nothing in this section shall be construed  to  deny  to  [the
 attending  physician] A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR
 AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING  WITHIN  THEIR
 LAWFUL  SCOPE  OF  PRACTICE  the  right to evaluate the medical needs of
 persons arriving at the hospital for emergency treatment and to delay or
 deny medical treatment where, in the opinion of  the  [attending  physi-
 cian]  HEALTH  CARE  PRACTITIONER, no [actual medical] emergency MEDICAL
 CONDITION exists. [However, no person  actually  in  need  of  emergency
 treatment,  as  determined  by  the attending physician, shall be denied
 such treatment by a general hospital in cities with a population of  one
 million or more for any reason whatsoever.
   5.]  7.  The staff of a general hospital shall: (a) inquire whether or
 not the person admitted has served in the United  States  armed  forces.
 Such  information shall be listed on the admissions form; (b) notify any
 admittee who is a veteran of the possible availability of services at  a
 hospital  operated  by the United States veterans health administration,
 and, upon request by the admittee, such staff  shall  make  arrangements
 for  the individual's transfer to a United States veterans health admin-
 istration hospital, provided, however, that transfers shall  be  author-
 S. 2165--A                          7
 
 ized  only  after it has been determined, according to accepted clinical
 and medical standards, that the patient's condition has  stabilized  and
 transfer  can  be  accomplished safely and without complication; and (c)
 provide  any  admittee  who has served in the United States armed forces
 with a copy of the "Information  for  Veterans  concerning  Health  Care
 Options"  fact sheet, maintained by the department of veterans' services
 pursuant to subdivision twenty-nine of section  four  of  the  veterans'
 services  law  prior  to  discharging  or  transferring the patient. The
 commissioner shall promulgate rules and regulations for  notifying  such
 admittees  of  possible available services and for arranging a requested
 transfer.
   8. (A) WHENEVER IT  APPEARS  TO  THE  ATTORNEY  GENERAL,  EITHER  UPON
 COMPLAINT  OR  OTHERWISE,  THAT  ANY PERSON OR PERSONS ENGAGE IN ACTS OR
 PRACTICES STATED TO BE UNLAWFUL UNDER THIS SECTION, THE ATTORNEY GENERAL
 MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON  BEHALF  OF
 THE  PEOPLE  OF  THE  STATE  OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS
 SECTION AND TO OBTAIN CIVIL PENALTIES OF NOT MORE  THAN  FIFTY  THOUSAND
 DOLLARS PER VIOLATION AND TO OBTAIN ANY SUCH OTHER AND FURTHER RELIEF AS
 THE COURT MAY DEEM PROPER, INCLUDING PRELIMINARY RELIEF.
   (B)  THE REMEDIES PROVIDED BY THIS SECTION SHALL BE IN ADDITION TO ANY
 OTHER LAWFUL REMEDIES AVAILABLE.
   (C) ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE  ATTORNEY  GENERAL
 PURSUANT  TO  THIS SUBDIVISION MUST BE COMMENCED WITHIN SIX YEARS OF THE
 DATE ON WHICH THE ATTORNEY GENERAL BECAME AWARE OF THE VIOLATION.
   (D) IN CONNECTION WITH ANY PROPOSED ACTION OR SPECIAL PROCEEDING UNDER
 THIS SUBDIVISION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE  PROOF  AND
 MAKE  A  DETERMINATION  OF THE RELEVANT FACTS, AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. THE  ATTORNEY  GENERAL
 MAY  ALSO REQUIRE SUCH OTHER DATA AND INFORMATION AS THEY MAY DEEM RELE-
 VANT AND MAY REQUIRE WRITTEN RESPONSES TO  QUESTIONS  UNDER  OATH.  SUCH
 POWER OF SUBPOENA AND EXAMINATION SHALL NOT ABATE OR TERMINATE BY REASON
 OF  ANY  ACTION  OR  SPECIAL  PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
 UNDER THIS SUBDIVISION.
   (E) THIS SECTION SHALL APPLY TO ALL ACTS DECLARED TO  BE  UNLAWFUL  IN
 THIS SECTION, WHETHER OR NOT SUBJECT TO ANY OTHER LAW OF THIS STATE, AND
 SHALL NOT SUPERSEDE, AMEND OR REPEAL ANY OTHER LAW OF THIS STATE.
   (F)  THE ATTORNEY GENERAL MAY ASSESS CIVIL PENALTIES UNDER THIS SUBDI-
 VISION ONLY IF THERE ARE NO FINES ASSESSED  FOR  THE  VIOLATION  BY  THE
 FEDERAL GOVERNMENT.
   9. THE COMMISSIONER SHALL REVISE AND REPEAL CONFLICTING REGULATIONS AS
 MAY  BE NECESSARY AND PROPER TO CARRY OUT THE PROVISIONS OF THIS SECTION
 EFFECTIVELY.
   § 2. Subdivision 3 of section 2805-b the public health law,  as  added
 by chapter 787 of the laws of 1983, is amended to read as follows:
   [3.]  5.  A  general  hospital  within a city with a population of one
 million or more may request the emergency medical service of such city's
 health and hospitals corporation or any person,  firm,  organization  or
 corporation  providing ambulance service to divert ambulances to another
 hospital only under the following circumstances:
   A request for diversion of emergency patients  with  life  threatening
 conditions  shall only be made by a hospital when acceptance of an addi-
 tional critical patient may endanger the life of  that  patient  or  the
 life  of another patient. A request for the diversion of other emergency
 patients shall only be made when all appropriate  beds  are  filled  and
 shall  be  withdrawn  as soon as a bed is available. Notwithstanding the
 foregoing, all requests for diversion must be renewed at  the  beginning
 S. 2165--A                          8
 
 of  each  tour of duty as designated by the emergency medical service of
 such city's health and hospitals corporation.
   Diversion  of  patients  with certain medical conditions which, in the
 best interest of the  patients,  require  their  transport  directly  to
 specialty  referral centers shall be permitted following the designation
 of such specialty referral centers.
   § 3. Section 2803-o-1 of the public health law is REPEALED.
   § 4. The public health law is amended by adding a new section 2832  to
 read as follows:
   §  2832. INTERFERENCE WITH CARE; PROHIBITED. 1. IF A HEALTH CARE PRAC-
 TITIONER LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW IS ACTING
 IN GOOD FAITH, WITHIN THE PRACTITIONER'S SCOPE OF PRACTICE,  AND  WITHIN
 THE  RELEVANT STANDARD OF CARE, A HOSPITAL MAY NOT LIMIT THE HEALTH CARE
 PRACTITIONER'S PROVISION OF MEDICALLY ACCURATE AND COMPREHENSIVE  INFOR-
 MATION  AND RESOURCES TO A PATIENT REGARDING THE PATIENT'S HEALTH STATUS
 INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS, PROGNOSIS, RECOMMENDED  TREAT-
 MENT,  TREATMENT  ALTERNATIVES, INFORMATION ABOUT AVAILABLE SERVICES AND
 WHERE AND HOW TO OBTAIN THEM, AND ANY POTENTIAL RISKS TO  THE  PATIENT'S
 HEALTH OR LIFE.
   2. A HEALTH CARE ENTITY SHALL NOT PENALIZE, RETALIATE, DISCRIMINATE OR
 OTHERWISE  TAKE ADVERSE ACTION AGAINST A HEALTH CARE PRACTITIONER ENGAG-
 ING IN COMMUNICATIONS CONSISTENT WITH THIS SECTION.
   3. THE DEPARTMENT SHALL DESIGN, PREPARE,  AND  MAKE  AVAILABLE  ONLINE
 WRITTEN  MATERIALS TO CLEARLY INFORM HEALTH CARE PRACTITIONERS AND STAFF
 OF THE PROVISIONS OF THIS SECTION.
   § 5. Conflict of laws. To the extent that any laws in the state of New
 York conflict with this act, this act shall govern. If any part of  this
 act  is  found  to  be  in conflict with federal requirements that are a
 prescribed condition to the allocation of federal funds to  this  state,
 the  conflicting part of this act is inoperative solely to the extent of
 the conflict and with respect to the  agencies  directly  affected,  and
 this  finding does not affect the operation of the remainder of this act
 in its application to the agencies concerned. Rules adopted  under  this
 act must meet federal requirements that are a necessary condition to the
 receipt of federal funds by this state.
   § 6. Severability. If any clause, sentence, paragraph, section or part
 of  this  act  be  adjudged by any court of competent jurisdiction to be
 invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
 remainder  hereof  but  shall be applied in its operation to the clause,
 sentence, paragraph, section or part hereof  directly  involved  in  the
 controversy in which such judgment shall have been rendered.
   §  7. This act shall take effect immediately; provided that the amend-
 ments to subdivision 3 of section 2805-b of the public health  law  made
 by section one of this act shall be subject to the expiration and rever-
 sion  of  such  subdivision pursuant to section 21 of chapter 723 of the
 laws of 1989, as amended, when upon such date the provisions of  section
 two of this act shall take effect.