A. 2473 2
of isolated incapable patients from inpatient care to post-acute care.
Specifically, the transition authorization panel demonstration program
shows promise as means to protect the rights and interests of incapable
patients in the transition decision, while allowing such decisions to be
made within a reasonable timeframe.
S 2. The public health law is amended by adding a new section 2803-t
to read as follows:
S 2803-T. TRANSITION AUTHORIZATION PANEL DEMONSTRATION PROGRAM. 1.
THERE IS HEREBY ESTABLISHED A TRANSITION AUTHORIZATION PANEL DEMON-
STRATION PROGRAM, CONDUCTED AT SIX PROGRAM SITES, TO EVALUATE AN
APPROACH TO SECURE DECISIONS RELATING TO THE TRANSITION OF ISOLATED
PATIENTS FROM INPATIENT CARE TO POST-ACUTE CARE.
2. AS USED IN THIS SECTION:
(A) "ELIGIBLE PATIENT" MEANS AN INPATIENT AT A PARTICIPATING HOSPITAL
WHO, ACCORDING TO THE PATIENT'S ATTENDING PHYSICIAN:
(I) IS READY TO BE DISCHARGED AS AN INPATIENT, BUT NEEDS TO BE TRANSI-
TIONED TO POST-ACUTE CARE;
(II) LACKS CAPACITY TO CONSENT TO THE DISCHARGE AND TO ADMISSION TO
POST-ACUTE CARE;
(III) DOES NOT HAVE A GUARDIAN, HEALTH CARE AGENT OR POWER OF ATTOR-
NEY, OR A FAMILY MEMBER, FRIEND OR OTHER REPRESENTATIVE WHO IS REASON-
ABLY AVAILABLE AND WILLING TO MAKE A TRANSITION DECISION ON HIS OR HER
BEHALF, WHOSE CONSENT WOULD BE ACCEPTED BY A PROPOSED POST-ACUTE CARE
PROVIDER, AND WHO IS LEGALLY AUTHORIZED TO MAKE ALL REQUIRED TRANSI-
TION-RELATED FINANCIAL ARRANGEMENTS;
(IV) HAS A DISCHARGE PLAN THAT IDENTIFIES AN APPROPRIATE POST-ACUTE
CARE PROVIDER THAT IS OR MAY BE WILLING TO ADMIT THE PATIENT IF A TRAN-
SITION AUTHORIZATION PANEL WERE TO AUTHORIZE THE TRANSITION AND, IF
NECESSARY, MAKE TRANSITION-RELATED FINANCIAL ARRANGEMENTS; AND
(V) HAS NOT EXPRESSED AN OBJECTION TO ANY OF THE FOREGOING FINDINGS OR
TO BEING TRANSITIONED TO THE PROPOSED POST-ACUTE FACILITY OR SERVICE OR,
IF APPLICABLE, THE PROPOSED TRANSITION-RELATED FINANCIAL ARRANGEMENTS;
(B) "PARTICIPATING HOSPITAL" MEANS ANY OF THE FOLLOWING HOSPITALS,
UPON THE CHIEF EXECUTIVE OFFICER OF THE HOSPITAL NOTIFYING THE COMMIS-
SIONER IN WRITING THAT THE HOSPITAL ELECTS TO BE A PARTICIPATING HOSPI-
TAL, AND UNTIL THE CHIEF EXECUTIVE OFFICER OF THE HOSPITAL NOTIFIES THE
COMMISSIONER IN WRITING THAT THE HOSPITAL ELECTS TO CEASE BEING A
PARTICIPATING HOSPITAL:
(I) CROUSE HOSPITAL, SYRACUSE, NY.
(II) GLENS FALLS HOSPITAL, GLENS FALLS, NY.
(III) MEMORIAL HOSPITAL, ALBANY, NY.
(IV) SAMARITAN HOSPITAL, TROY, NY.
(V) UNIVERSITY OF ROCHESTER MEDICAL CENTER, ROCHESTER, NY.
(VI) WYCKOFF HEIGHTS MEDICAL CENTER, BROOKLYN, NY.
(C) "POST-ACUTE CARE" MEANS CARE PROVIDED BY A RESIDENTIAL HEALTH CARE
FACILITY, TRANSITIONAL CARE UNIT, HOME CARE SERVICES, ASSISTED LIVING
PROGRAM, ADULT CARE FACILITY, HOSPICE, AND AN INPATIENT TREATMENT FACIL-
ITY OR RESIDENTIAL FACILITY LICENSED OR OPERATED BY THE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES, THE OFFICE OF MENTAL HEALTH OR THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR AN INPATIENT
TREATMENT FACILITY OR RESIDENTIAL FACILITY LICENSED BY A HEALTH, MENTAL
HYGIENE OR SOCIAL SERVICES AGENCY OF ANOTHER STATE.
(D) "TRANSITION AUTHORIZATION" MEANS A DECISION, MADE BY A TRANSITION
AUTHORIZATION PANEL PURSUANT TO THIS SECTION, TO AUTHORIZE THE TRANSI-
TION OF AN ELIGIBLE PATIENT FROM A PARTICIPATING HOSPITAL TO A SPECIFIC
A. 2473 3
POST-ACUTE CARE PROVIDER, AND "AUTHORIZE A TRANSITION" OR "AUTHORIZE THE
TRANSITION" MEANS TO MAKE SUCH DECISION.
(E) "TRANSITION AUTHORIZATION PANEL AGENT" OR "AGENT" MEANS AN INDI-
VIDUAL AUTHORIZED BY THE TRANSITION AUTHORIZATION PANEL TO CARRY OUT
TRANSITION RELATED FINANCIAL ARRANGEMENTS.
(F) "TRANSITION AUTHORIZATION PANEL" OR "PANEL" MEANS A THREE-PERSON
PANEL, CONVENED PURSUANT TO THIS SECTION, TO AUTHORIZE THE TRANSITION OF
AN ELIGIBLE PATIENT FROM A PARTICIPATING HOSPITAL TO A POST-ACUTE CARE
PROVIDER, AND TO MAKE TRANSITION-RELATED FINANCIAL ARRANGEMENTS.
(G) "TRANSITION AUTHORIZATION PANEL POOL" MEANS THE FULL POOL OF
PERSONS QUALIFIED AND DESIGNATED TO SERVE ON TRANSITION AUTHORIZATION
PANELS AT A PROGRAM SITE.
(H) "TRANSITION-RELATED FINANCIAL ARRANGEMENTS" MEANS ACTS NECESSARY:
(I) TO EXPEND THE ELIGIBLE PATIENT'S FUNDS FOR POST-ACUTE CARE FOR ONE
HUNDRED TWENTY DAYS OR UNTIL THE COURT APPOINTMENT OF A GUARDIAN OF THE
PROPERTY PURSUANT TO ARTICLE EIGHTY-ONE OF THE MENTAL HYGIENE LAW,
WHICHEVER OCCURS FIRST.
(II) TO APPLY FOR THE ELIGIBLE PATIENT'S ENROLLMENT IN MEDICAID OR
MEDICARE.
(III) TO ACCESS FINANCIAL INFORMATION ABOUT THE ELIGIBLE PATIENT FROM
FINANCIAL INSTITUTIONS TO THE EXTENT NECESSARY FOR THE PURPOSES SET
FORTH IN SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH.
(I) "FINANCIAL INSTITUTION" MEANS A FINANCIAL INSTITUTION AS DEFINED
IN SUBDIVISION TWO OF SECTION 5-1501 OF THE GENERAL OBLIGATIONS LAW.
(J) "ADMINISTRATOR" MEANS THE ADMINISTRATOR OF THE PROGRAM FOR THE
PARTICIPATING HOSPITAL DESIGNATED UNDER SUBDIVISION THREE OF THIS
SECTION.
3. EACH PARTICIPATING HOSPITAL SHALL:
(A) DESIGNATE A PERSON AS ADMINISTRATOR OF THE PROGRAM WITH RESPECT TO
THAT PROGRAM SITE;
(B) CARRY OUT, AND BEAR THE COSTS OF, THE ADMINISTRATIVE RESPONSIBIL-
ITIES OF THE PROGRAM AS SET FORTH IN THIS SECTION, WITH RESPECT TO THAT
PROGRAM SITE; AND
(C) CREATE AND MAINTAIN RECORDS OF (I) ALL REQUESTS, PANELS CONVENED
AND ACTIONS TAKEN PURSUANT TO THIS SECTION, AND (II) ALL TRANSITION-RE-
LATED FINANCIAL ARRANGEMENTS MADE PURSUANT TO THIS SECTION. SUCH
RECORDS SHALL BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
4. (A) A PARTICIPATING HOSPITAL MAY CREATE A TRANSITION AUTHORIZATION
PANEL POOL AT A PROGRAM SITE, WHICH SHALL HAVE THREE CLASSES OF MEMBERS:
(I) ONE CLASS OF MEMBERS SHALL BE QUALIFIED PERSONS DESIGNATED BY THE
HOSPITAL;
(II) ONE CLASS OF MEMBERS SHALL BE QUALIFIED PERSONS DESIGNATED BY THE
LOCAL SOCIAL SERVICES COMMISSIONER; AND
(III) ONE CLASS OF MEMBERS SHALL BE QUALIFIED PERSONS DESIGNATED BY
THE NEW YORK STATE OFFICE OF LONG TERM CARE OMBUDSMAN.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "QUALIFIED PERSONS" MEANS
ADULT PERSONS WITH RECOGNIZED EXPERTISE OR DEMONSTRATED INTEREST IN THE
CARE AND TREATMENT OF HOSPITAL AND POST-ACUTE CARE PATIENTS, AND WHO CAN
BE EXPECTED TO APPLY THE STANDARDS OF THIS SECTION IN GOOD FAITH AND IN
THE BEST INTERESTS OF THE ELIGIBLE PATIENT.
(C) THE PARTICIPATING HOSPITAL AND THE LOCAL SOCIAL SERVICES COMMIS-
SIONER SHALL JOINTLY APPOINT ONE MEMBER AS CHAIR OF THE TRANSITION
AUTHORIZATION PANEL POOL.
5. (A) THE REVIEW OF REQUESTS FOR TRANSITION AUTHORIZATION AND FOR
TRANSITION-RELATED FINANCIAL ARRANGEMENTS SHALL BE UNDERTAKEN BY PANELS
OF THREE MEMBERS DRAWN FROM THE TRANSITION AUTHORIZATION PANEL POOL, ONE
A. 2473 4
FROM EACH CLASS. THE PARTICIPATING HOSPITAL SHALL APPOINT ONE MEMBER AS
PANEL CHAIR.
(B) NO PERSON WHO IS A HEALTH CARE PROFESSIONAL ACTIVELY INVOLVED IN
THE TREATMENT OF THE PATIENT WHOSE CASE IS UNDER CONSIDERATION BY A
PANEL MAY SERVE ON THE PANEL WITH RESPECT TO SUCH PATIENT, ALTHOUGH
OTHER HOSPITAL PERSONNEL MAY SERVE ON THE PANEL IF OTHERWISE QUALIFIED.
6. (A) THE ATTENDING PHYSICIAN OF AN ELIGIBLE PATIENT MAY REQUEST THAT
A PANEL BE CONVENED BY SUBMITTING A WRITTEN REQUEST TO THE ADMINISTRA-
TOR. THE REQUEST MUST:
(I) INDICATE THAT IT IS A REQUEST FOR THE PANEL TO AUTHORIZE THE TRAN-
SITION OF THE PATIENT TO POST-ACUTE CARE AND, IF APPLICABLE, TO MAKE
TRANSITION-RELATED FINANCIAL ARRANGEMENTS;
(II) SET FORTH THE REASONS FOR BELIEVING THAT THE PATIENT IS AN ELIGI-
BLE PATIENT; AND
(III) SET FORTH THE PROPOSED POST-ACUTE CARE PROVIDER (OR PROVIDERS,
IF APPLICATIONS HAVE OR WILL BE MADE TO MORE THAN ONE);
(B) UPON RECEIPT OF THE REQUEST, THE ADMINISTRATOR MAY EITHER DECLINE
THE REQUEST AND NOTIFY THE ATTENDING PHYSICIAN OF THE REASON WHICH MAY
INCLUDE BUT NOT BE LIMITED TO THE FACT THAT ALTHOUGH THE PATIENT IS
ELIGIBLE, A TRANSITION CAN BE ACCOMPLISHED WITHOUT THE NEED TO CONVENE
THE PANEL, OR ELSE TAKE THE FOLLOWING STEPS TO CONVENE THE PANEL:
(I) SET A TIME, DATE AND PLACE FOR THE TRANSITION AUTHORIZATION PANEL
TO REVIEW THE REQUEST. SUCH REVIEW MAY BE SCHEDULED FOR ANY TIME AND
DATE AT LEAST THREE DAYS AFTER THE REQUEST AND NOTICE IS SENT AS
PROVIDED IN THIS PARAGRAPH; HOWEVER, THE REVIEW SHALL BE HELD EARLIER OR
LATER THAN THE DATE SET FORTH IN THE NOTICE IF ALL PERSONS WHO ARE ENTI-
TLED TO NOTICE, AS SET FORTH IN THIS PARAGRAPH, AGREE, IN WRITING OR
VERBALLY (AS DOCUMENTED BY THE ADMINISTRATOR), TO THE TIME, PLACE AND
DATE OF THE REVIEW.
(II) SEND A COPY OF THE REQUEST AND NOTICE, BY HAND, MAIL, FAX OR
E-MAIL, TO THE FOLLOWING PERSONS:
(A) THREE MEMBERS OF THE TRANSITION AUTHORIZATION PANEL POOL, ONE FROM
EACH CLASS, SELECTED BY THE POOL CHAIR, WHO ARE WILLING AND ABLE TO
SERVE AS A PANEL FOR THE PURPOSE OF THIS REVIEW;
(B) THE PATIENT, IF THERE IS ANY INDICATION OF THE PATIENT'S ABILITY
TO COMPREHEND SUCH NOTICE;
(C) TO A FAMILY MEMBER OR FRIEND OF THE PATIENT WHO MAY BE REASONABLY
AVAILABLE AND WILLING TO MAKE A TRANSITION DECISION ON HIS OR HER
BEHALF, IF THERE IS ANY SUCH PERSON;
(D) IF THE PATIENT WAS ADMITTED FROM A FACILITY OR RESIDENCE LICENSED
BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES, TO THE FACILITY DIRECTOR AND TO THE MENTAL HYGIENE
LEGAL SERVICES OFFICE UNDER ARTICLE FORTY-SEVEN OF THE MENTAL HYGIENE
LAW; AND
(E) TO THE PATIENT'S ATTENDING PHYSICIAN.
(III) PROVIDE NOTICE TO THE PATIENT AND TO MENTAL HYGIENE LEGAL
SERVICES WHICH SHALL INFORM THE PATIENT THAT HE OR SHE WILL BE AFFORDED
AN OPPORTUNITY TO ADDRESS THE PANEL, MAY BE PRESENT FOR ANY OTHER
ADDRESSES MADE TO THE PANEL, AND MAY BE PRESENT FOR OTHER PARTS OF THE
PANEL REVIEW AS THE CHAIR MAY PERMIT, BUT THAT HE OR SHE WILL NOT BE
PERMITTED TO BE PRESENT DURING THE PANEL'S DELIBERATION.
(IV) PROVIDE NOTICE TO PERSONS DESCRIBED IN CLAUSES (B) THROUGH (E) OF
SUBPARAGRAPH (II) OF THIS PARAGRAPH WHICH SHALL INFORM THE PERSON THAT
HE OR SHE WILL BE AFFORDED AN OPPORTUNITY TO ADDRESS THE PANEL, AND MAY
BE PRESENT FOR SUCH OTHER PARTS OF THE PANEL REVIEW AS THE CHAIR MAY
PERMIT, THAT THE PATIENT AND MENTAL HYGIENE LEGAL SERVICES (WHEN REPRES-
A. 2473 5
ENTING A PATIENT) MAY BE PRESENT WHEN ANY OTHER PERSON ADDRESSES THE
PANEL, AND THAT NO PERSON DESCRIBED IN CLAUSES (B) THROUGH (E) OF
SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL BE PERMITTED TO BE PRESENT
DURING THE PANEL'S DELIBERATION.
7. (A) PRIOR TO OR DURING THE REVIEW, THE PANEL CHAIR MAY REQUEST AND,
NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, SHALL BE ENTITLED TO
RECEIVE FROM ANY HEALTH CARE PROVIDER AND DISCLOSE TO THE PANEL ANY
INFORMATION WHICH IS RELEVANT TO THE PANEL'S REVIEW. INFORMATION WHICH
IS CONFIDENTIAL, AS PROVIDED FOR BY LAW, SHALL BE KEPT CONFIDENTIAL BY
THE PANEL AND ANY LIMITATIONS ON THE FURTHER RELEASE THEREOF IMPOSED BY
LAW UPON THE PARTY FURNISHING THE INFORMATION SHALL APPLY TO THE PANEL.
(B) THE PANEL SHALL MEET IN PERSON OR BY VIDEO CONFERENCE TO CONDUCT
ITS REVIEW.
(C) THE PANEL CHAIR MAY REQUEST THE ATTENDANCE AT THE REVIEW OF ANY
PERSON WHO MIGHT ASSIST THE PANEL IN ITS REVIEW.
(D) THE PATIENT AND MENTAL HYGIENE LEGAL SERVICES (WHEN REPRESENTING A
PATIENT) MAY BE PRESENT WHEN ANY OTHER PERSON ADDRESSES THE PANEL.
(E) WHERE PRACTICABLE, THE PANEL MEMBERS SHALL PERSONALLY INTERVIEW
AND OBSERVE THE PATIENT PRIOR TO MAKING THEIR DECISION.
(F) NO PERSON DESCRIBED IN CLAUSES (B) THROUGH (E) OF SUBPARAGRAPH
(II) OF PARAGRAPH (B) OF SUBDIVISION SIX OF THIS SECTION SHALL BE
PERMITTED TO BE PRESENT DURING THE PANEL DELIBERATION.
(G) THE PANEL CHAIR MAY ADJOURN AND RECONVENE THE PANEL AS NECESSARY.
(H) THE ADMINISTRATOR SHALL ARRANGE FOR MINUTES TO BE TAKEN AND MAIN-
TAINED OF ANY PANEL MEETING, BUT NO RECORDING OR TRANSCRIPTION SHALL BE
REQUIRED.
(I) IN ITS REVIEW, THE PANEL SHALL CONSIDER WHETHER THE PROPOSED TRAN-
SITION IS TO A FACILITY OR PROGRAM THAT APPEARS ABLE (I) TO MEET THE
PATIENT'S NEEDS, AND (II) TO DO SO IN THE LEAST RESTRICTIVE SETTING
REASONABLY AVAILABLE TO THE PATIENT.
8. (A) THE PANEL SHALL MAKE A DETERMINATION, BY MAJORITY VOTE, AS TO:
(I) WHETHER THE PATIENT IS AN ELIGIBLE PATIENT, (II) WHETHER TO AUTHOR-
IZE THE PROPOSED TRANSITION (PROVIDED THAT, IF THE PATIENT HAS A GUARDI-
AN, HEALTH CARE AGENT, SURROGATE OR OTHER REPRESENTATIVE WHO IS REASON-
ABLY AVAILABLE AND WILLING TO MAKE A TRANSITION DECISION ON HIS OR HER
BEHALF, BUT WHO IS NOT LEGALLY AUTHORIZED TO MAKE FINANCIAL ARRANGE-
MENTS, THEN SUCH PERSON AND NOT THE PANEL SHALL DECIDE WHETHER TO
AUTHORIZE THE PROPOSED TRANSITION), AND (III) WHETHER TO AUTHORIZE TRAN-
SITION-RELATED FINANCIAL ARRANGEMENTS. THE DETERMINATION SHALL BE SET
FORTH IN WRITING AND SHALL BE SIGNED BY THE CHAIR ON BEHALF OF THE
PANEL.
(B) IF THE PANEL DETERMINES TO AUTHORIZE THE PROPOSED TRANSITION
AND/OR TRANSITION-RELATED FINANCIAL ARRANGEMENTS, THE AUTHORIZATION
SHALL BE SET FORTH IN AN ORDER, SIGNED BY THE CHAIR ON BEHALF OF THE
PANEL. THE ORDER SHALL DESCRIBE THE SCOPE OF SUCH AUTHORIZATION AND, IF
IT AUTHORIZES TRANSITION-RELATED FINANCIAL ARRANGEMENTS, DESIGNATE A
TRANSITION AUTHORIZATION PANEL AGENT.
(C) THE DETERMINATION, AND THE ORDER IF THERE IS ONE, SHALL BE MADE
PART OF THE PATIENT'S MEDICAL RECORD.
(D) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE ADMINISTRATOR AND THE
AGENT SHALL DISCLOSE THE ORDER TO SUCH PERSONS AS NECESSARY FOR THE
PURPOSE OF CARRYING OUT ITS TERMS.
(E) THE ORDER AUTHORIZING THE PROPOSED TRANSITION SHALL BE, AND MAY BE
RELIED UPON BY THE PARTICIPATING HOSPITAL, BY POST-ACUTE CARE PROVIDERS,
BY FINANCIAL INSTITUTIONS, AND BY OTHER THIRD-PARTIES AS LEGAL AUTHORITY
A. 2473 6
FOR THEM TO PERFORM OR COOPERATE IN THE PERFORMANCE OF THE AUTHORIZED
ACTS, INCLUDING LEGAL AUTHORITY:
(I) FOR THE PARTICIPATING HOSPITAL TO DISCHARGE THE PATIENT;
(II) FOR THE POST-ACUTE CARE PROVIDER TO ADMIT THE PATIENT;
(III) FOR THE TRANSITION AUTHORIZATION PANEL AGENT TO MAKE TRANSI-
TION-RELATED FINANCIAL ARRANGEMENTS; AND
(IV) FOR MEDICAID, FINANCIAL INSTITUTIONS AND OTHER PARTIES TO PROVIDE
FINANCIAL AND OTHER PERSONAL INFORMATION ABOUT THE PATIENT RELATED TO
THE TRANSITION AND TRANSITION-RELATED FINANCIAL ARRANGEMENTS TO THE
ADMINISTRATOR OR AGENT, AND TO OTHERWISE COOPERATE IN THE TRANSITION-RE-
LATED FINANCIAL ARRANGEMENTS.
SUCH PARTIES SHALL BE IMMUNE FROM LIABILITY FOR ACTIONS TAKEN IN GOOD
FAITH AND REASONABLE RELIANCE UPON SUCH ORDER.
(F) A TRANSITION AUTHORIZATION PANEL AGENT, IN THE PERFORMANCE OF HIS
OR HER DUTIES UNDER THIS SECTION, SHALL BE DEEMED THE PERSONAL REPRESEN-
TATIVE OF THE PATIENT FOR PURPOSES OF FEDERAL REGULATIONS RELATING TO
THE PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION (HIPAA).
9. A PARTICIPATING HOSPITAL, THE LOCAL SOCIAL SERVICES DEPARTMENT, AND
ANY OTHER PERSON MAY, BUT SHALL NOT BE REQUIRED TO, ENTER INTO AN AGREE-
MENT WITH A POST-ACUTE CARE PROVIDER FOR SUCH HOSPITAL, DEPARTMENT, OR
OTHER PERSON TO PETITION FOR THE APPOINTMENT OF A GUARDIAN UNDER ARTICLE
EIGHTY-ONE OF THE MENTAL HYGIENE LAW FOR A PATIENT TRANSITIONED PURSUANT
TO THE ORDER OF A TRANSITION AUTHORIZATION PANEL, EITHER BEFORE OR AFTER
THE TRANSITION, AS A WAY TO PROVIDE FOR BROADER AND LONGER TERM DECI-
SIONMAKING AUTHORITY WITH RESPECT TO THE TRANSITIONED PATIENT. THE CHIEF
EXECUTIVE OFFICER OF A PARTICIPATING HOSPITAL, OR HIS OR HER DESIGNEE,
THAT ENTERS INTO SUCH AGREEMENT PRIOR TO THE PATIENT'S DISCHARGE SHALL
BE DEEMED TO HAVE THE AUTHORITY TO COMMENCE A PETITION UNDER PARAGRAPH
SEVEN OF SUBDIVISION (A) OF SECTION 81.06 OF THE MENTAL HYGIENE LAW.
10. NO PERSON SHALL BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY OR SANC-
TION BY A GOVERNMENTAL AGENCY FOR ACTIONS TAKEN REASONABLY AND IN GOOD
FAITH PURSUANT TO THIS ARTICLE (A) AS A MEMBER OR AGENT OF A TRANSITION
AUTHORIZATION PANEL, OR AS ADMINISTRATOR OF A TRANSITION AUTHORIZATION
PROGRAM; (B) DISCHARGING, TRANSFERRING OR ADMITTING A PATIENT FROM OR TO
A FACILITY PURSUANT TO AN ORDER OF A TRANSITION AUTHORIZATION PANEL; OR
(C) DISCLOSING FINANCIAL INFORMATION ABOUT A PATIENT OR DISBURSING
PATIENT FUNDS PURSUANT TO AN ORDER OF A TRANSITION AUTHORIZATION PANEL.
11. (A) THE ADMINISTRATOR OF EACH PANEL SHALL SUBMIT AN ANNUAL REPORT
TO THE COMMISSIONER, DUE WITHIN THIRTY DAYS OF EACH ANNIVERSARY OF THE
EFFECTIVE DATE OF THIS SECTION. THE REPORT SHALL SET FORTH:
(I) WITH RESPECT TO EACH REQUEST TO CONVENE BY A PANEL, THE TYPE OF
POST-ACUTE CARE REQUESTED; THE LENGTH OF TIME FROM THE DATE OF THE
REQUEST UNTIL (A) THE PANEL CONVENED, (B) THE PANEL ISSUED ITS DETERMI-
NATION, AND (C) THE PATIENT WAS DISCHARGED FROM THE PARTICIPATING HOSPI-
TAL (IF THE DETERMINATION APPROVED THE TRANSITION); THE CATEGORIES OF
PERSONS WHO ADDRESSED THE PANEL; THE NUMBER OF UNANIMOUS AND NON-UNANI-
MOUS PANEL VOTES; WHETHER THE ORDER CALLED FOR TRANSITION-RELATED FINAN-
CIAL ARRANGEMENTS AND IF SO WHETHER THOSE ARRANGEMENTS WERE SUCCESSFULLY
MADE; WHETHER THE PATIENT AND/OR FAMILY MEMBER OBJECTED TO THE PANEL'S
DECISION; AND ANY DATA OR OTHER INFORMATION AVAILABLE TO THE ADMINISTRA-
TOR REGARDING THE IMPACT OF THE DEMONSTRATION ON THE HOSPITAL'S AVERAGE
INPATIENT LENGTH OF STAY.
(II) AN EVALUATION BY THE PARTICIPATING HOSPITAL, THE LOCAL SOCIAL
SERVICES DEPARTMENT, AND THE NEW YORK STATE OFFICE OF LONG TERM CARE
OMBUDSMAN REGARDING WHETHER TRANSITION AUTHORIZATION PANELS ADEQUATELY
PROTECTED THE INTERESTS AND RIGHTS OF PATIENTS INCLUDING THEIR INTEREST
A. 2473 7
IN BEING TRANSITIONED TO THE LEAST RESTRICTIVE SETTING REASONABLY AVAIL-
ABLE, AND THE SUCCESS OF THE TRANSITION PLANS APPROVED BY THE PROGRAM IN
MEETING THE NEEDS OF PATIENTS AND THEIR RECOMMENDATIONS FOR AMENDMENTS
TO THIS SECTION, AND RECOMMENDATIONS REGARDING THE MERIT OF EXTENDING
THIS DEMONSTRATION PROGRAM OR ADOPTING A PERMANENT AND STATEWIDE TRANSI-
TION AUTHORIZATION PROGRAM.
(B) THE COMMISSIONER SHALL COMPILE THE REPORTS SUBMITTED TO HIM OR HER
AS REQUIRED BY THIS SUBDIVISION, AND PROMPTLY SUBMIT SUCH REPORTS TO THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY,
AND MAKE SUCH REPORTS AVAILABLE TO THE PUBLIC. THE COMMISSIONER MAY ADD
HIS OR HER OWN RECOMMENDATIONS TO THAT COMPILATION.
S 3. This act shall take effect immediately, and shall expire and be
deemed repealed three years and ninety days after it shall have become a
law.