Assembly Bill A7257

Signed By Governor
2013-2014 Legislative Session

Requires general hospitals to provide notice to patients placed in observation services and explain the implications thereof

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S3926 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2013-A7257 - Details

Law Section:
Public Health Law
Laws Affected:
Add §2805-v, Pub Health L

2013-A7257 - Summary

Requires general hospitals to provide notice to patients placed in observation services and explain the implications thereof.

2013-A7257 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7257

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

Introduced  by  M.  of  A.  PEOPLES-STOKES,  GOTTFRIED  -- read once and
  referred to the Committee on Health

AN ACT to amend the public health law, in relation to patient notice  of
  the provision of observation services

  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
2805-v to read as follows:
  S  2805-V.  PATIENT  NOTICE  OF OBSERVATION SERVICES. 1. EVERY GENERAL
HOSPITAL SHALL PROVIDE PATIENTS WHO ARE PLACED INTO OBSERVATION SERVICES
WITH A VERBAL AND WRITTEN NOTICE WITHIN TWENTY-FOUR HOURS OF SUCH PLACE-
MENT THAT THE PATIENT IS NOT ADMITTED  TO  THE  HOSPITAL  AND  IS  UNDER
OBSERVATION  STATUS. SUCH NOTICE SHALL BE SIGNED BY THE PATIENT OR THEIR
LEGAL REPRESENTATIVE TO ACKNOWLEDGE RECEIPT AND SHALL INCLUDE,  BUT  NOT
BE LIMITED TO, INFORMATION AND AN EXPLANATION OF:
  (A) WHEN THE OBSERVATION SERVICES BEGAN;
  (B) HOW OBSERVATION STATUS MAY AFFECT THE PATIENT'S MEDICARE, MEDICAID
AND/OR  PRIVATE  INSURANCE  COVERAGE  FOR THE CURRENT HOSPITAL SERVICES,
INCLUDING MEDICATIONS AND OTHER  PHARMACEUTICAL  SUPPLIES,  AS  WELL  AS
COVERAGE FOR ANY SUBSEQUENT DISCHARGE TO A SKILLED NURSING FACILITY; AND
  (C)  WHO THE PATIENT CAN CONTACT TO BETTER UNDERSTAND THE IMPLICATIONS
OF BEING PLACED IN OBSERVATION STATUS.
  2. THE COMMISSIONER SHALL DEVELOP AND MAKE AVAILABLE A STANDARD NOTICE
FORM AS DESCRIBED IN THIS SECTION WITHIN THIRTY DAYS  OF  THE  EFFECTIVE
DATE  OF  THIS SECTION TO BE USED BY ALL GENERAL HOSPITALS AND SIGNED BY
PATIENTS PLACED IN OBSERVATION STATUS AFTER THAT DATE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05275-01-3

co-Sponsors

2013-A7257A (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Add §2805-v, Pub Health L

2013-A7257A (ACTIVE) - Summary

Requires general hospitals to provide notice to patients placed in observation services and explain the implications thereof.

2013-A7257A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7257--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

Introduced  by  M.  of A. PEOPLES-STOKES, GOTTFRIED, JAFFEE -- read once
  and referred to the Committee on Health -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public health law, in relation to patient notice  of
  the provision of observation services

  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
2805-w to read as follows:
  S  2805-W.  PATIENT  NOTICE  OF OBSERVATION SERVICES. 1. EVERY GENERAL
HOSPITAL SHALL PROVIDE PATIENTS WHO ARE PLACED INTO OBSERVATION SERVICES
BY SUCH GENERAL HOSPITAL WITH AN ORAL AND WRITTEN NOTICE WITHIN  TWENTY-
FOUR  HOURS  OF  SUCH  PLACEMENT THAT THE PATIENT IS NOT ADMITTED TO THE
HOSPITAL AND IS UNDER OBSERVATION STATUS. SUCH WRITTEN NOTICE  SHALL  BE
SIGNED  BY THE PATIENT OR THE PATIENT'S LEGAL REPRESENTATIVE TO ACKNOWL-
EDGE RECEIPT AND SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  THE  FOLLOWING
INFORMATION:
  (A) A STATEMENT THAT OBSERVATION STATUS MAY AFFECT THE PATIENT'S MEDI-
CARE,  MEDICAID AND/OR PRIVATE INSURANCE COVERAGE FOR THE CURRENT HOSPI-
TAL SERVICES, INCLUDING MEDICATIONS AND OTHER  PHARMACEUTICAL  SUPPLIES,
AS  WELL  AS  COVERAGE FOR ANY SUBSEQUENT DISCHARGE TO A SKILLED NURSING
FACILITY OR HOME AND COMMUNITY BASED CARE; AND
  (B) THAT THE PATIENT SHOULD CONTACT  HIS  OR  HER  INSURANCE  PLAN  TO
BETTER  UNDERSTAND  THE  IMPLICATIONS  OF  BEING  PLACED  IN OBSERVATION
STATUS.
  2. THE COMMISSIONER SHALL DEVELOP AND MAKE AVAILABLE GUIDANCE  ON  THE
NOTICE AS DESCRIBED IN THIS SECTION.
  S 2. This act shall take effect immediately, except that subdivision 1
of  section  2805-w of the public health law, as added by section one of
this act, shall take effect on the ninetieth day after  this  act  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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