Bill Text: NY A01988 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 1988 (Prior Session Legislation)

NY State Legislature page for A01988

Introduced

Bill Title: Regulates the provision of observation services by general hospitals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-02-26 - signed chap.5 [A01988 Detail]

Download: New_York-2013-A01988-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1988
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation to hospital  observa-
         tion  services;  and to repeal section 2805-u of the public health law
         relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 2805-u of the public health law, as added by chap-
    2  ter 471 of the laws of 2012, is REPEALED.
    3    S 2. The public health law is amended by adding a new  section  2805-v
    4  to read as follows:
    5    S  2805-V.  OBSERVATION  SERVICES.  1.  IF A GENERAL HOSPITAL PROVIDES
    6  OBSERVATION SERVICES, SUCH SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH
    7  THIS SECTION, AND REGULATIONS ADOPTED BY THE COUNCIL AND APPROVED BY THE
    8  COMMISSIONER.
    9    2. OBSERVATION SERVICES MAY BE PROVIDED FOR SUCH PERIOD OF TIME AS  IS
   10  PERMITTED  BY  THE COMMISSIONER BY REGULATION. SUCH REGULATIONS SHALL BE
   11  CONSISTENT WITH FEDERAL POLICIES FOR PROVIDING OBSERVATION  SERVICES  TO
   12  BENEFICIARIES, AS SET FORTH IN TITLE XVIII OF THE FEDERAL SOCIAL SECURI-
   13  TY  ACT  (MEDICARE),  EXCEPT  WHERE  NECESSARY, IN THE DISCRETION OF THE
   14  COMMISSIONER, TO PROTECT AND PROMOTE PATIENT CARE AND SAFETY.
   15    3. BASED ON THE CLINICAL NEEDS OF THE PATIENT, WHICH SHALL  BE  DETER-
   16  MINED  IN  PROMPT  FASHION BY APPROPRIATE STAFF, AND THE AVAILABILITY OF
   17  SERVICES TO MEET THOSE NEEDS AND  PATIENT  SAFETY,  A  GENERAL  HOSPITAL
   18  SHALL  DETERMINE  (A)  THE  PROPER  CLINICAL  LOCATION FOR THE CARE OF A
   19  SPECIFIC PATIENT REQUIRING OBSERVATION SERVICES,  INCLUDING  WHETHER  OR
   20  NOT  TO  PROVIDE SUCH SERVICES IN A DISTINCT PHYSICAL SPACE, AND (B) THE
   21  APPROPRIATE OVERSIGHT OF OBSERVATION SERVICES.
   22    4. EVERY GENERAL HOSPITAL PROVIDING OBSERVATION SERVICES SHALL DEVELOP
   23  AND ADOPT POLICIES AND PROCEDURES FOR OBSERVATION  SERVICES,  INCLUDING:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04593-01-3
       A. 1988                             2
    1  (A) ASSIGNMENT OF A PROVIDER WHO WILL BE RESPONSIBLE FOR THE CARE OF THE
    2  PATIENT  AND  TIMELY  DISCHARGE  FROM OBSERVATION SERVICES; (B) CLINICAL
    3  CRITERIA FOR OBSERVATION ASSIGNMENT AND DISCHARGE; AND  (C)  INTEGRATION
    4  WITH QUALITY ASSURANCE ACTIVITIES OF THE HOSPITAL.
    5    5.  THE  COMMISSIONER  SHALL  DEVELOP OUTPATIENT RATES FOR OBSERVATION
    6  SERVICES PROVIDED IN ACCORDANCE WITH THIS SECTION TO  PATIENTS  ELIGIBLE
    7  FOR PAYMENTS MADE BY STATE GOVERNMENTAL ENTITIES.
    8    S  3.  This  act  shall take effect immediately and shall be deemed to
    9  have been in full force and effect on and after October 3, 2012.