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

                                  5150

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  GALEF,  GUNTHER, PAULIN, HOOPER,
  TITONE, LAVINE, MARKEY, SCHIMEL, JAFFEE -- Multi-Sponsored by -- M. of
  A. BOYLAND, CLARK, COLTON, COOK, DINOWITZ, JACOBS,  V. LOPEZ,  MAISEL,
  McDONOUGH,  MILLMAN, PEOPLES-STOKES, RIVERA, ROBINSON, SWEENEY, TITUS,
  WEISENBERG -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to hospital crowding

  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 is amended by
adding a new subdivision 6 to read as follows:
  6. (A) A GENERAL HOSPITAL SHALL IDENTIFY AND USE IMMEDIATE MEASURES TO
MOVE ANY ADMITTED PATIENT IN THE EMERGENCY DEPARTMENT  TO  AN  ALTERNATE
APPROPRIATE LOCATION WITHIN FOUR HOURS OF BEING ADMITTED. IN IDENTIFYING
SUCH  ALTERNATIVE  LOCATIONS THE GENERAL HOSPITAL SHALL CONSIDER THE USE
OF BEDS IN SOLARIUMS AND HALLWAYS NEAR NURSING STATIONS AS WELL AS OTHER
APPROPRIATE  LOCATIONS.  ALL  STAFFING,  SERVICES,  PRIVACY,   INFECTION
CONTROL AND CONFIDENTIALITY PROCEDURES SHALL BE CONSISTENTLY IN PLACE IN
ALL GENERAL HOSPITALS REGARDLESS OF BED LOCATION.
  (B)  EVERY  GENERAL  HOSPITAL SHALL HAVE IN PLACE EFFECTIVE MONITORING
PROTOCOLS TO TRACK AND IDENTIFY LENGTH OF STAY PATTERNS AND  DEVIATIONS,
BOTH FOR INPATIENTS AND FOR PATIENTS IN THE EMERGENCY DEPARTMENT.
  (C)  EVERY  GENERAL  HOSPITAL  SHALL  DEVELOP  APPROPRIATE PLANNING TO
PREVENT THE DIVERSION OF PATIENTS TO OTHER  GENERAL  HOSPITALS  AND  THE
MAINTENANCE  OF  ADMITTED PATIENTS WITHIN EMERGENCY DEPARTMENTS FOR MORE
THAN FOUR HOURS.
  (D) THE COMMISSIONER SHALL CONDUCT  PERIODIC  INSPECTIONS  OF  GENERAL
HOSPITAL EMERGENCY DEPARTMENTS TO:
  (I) DETERMINE AND ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SUBDI-
VISION;  PROVIDED  HOWEVER,  THAT AT LEAST ONE UNANNOUNCED INSPECTION OF
ONE GENERAL HOSPITAL SHALL BE CONDUCTED PER REGION PER YEAR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01442-01-3

              

A. 5150                             2

  (II) INVESTIGATE ANY REPORT MADE PURSUANT TO  PARAGRAPH  (E)  OF  THIS
SUBDIVISION;
  (III)   DETERMINE   WHETHER   VIOLATIONS  OR  DEFICIENCIES  HAVE  BEEN
CORRECTED; AND
  (IV) ACCOMPLISH ANY OTHER PURPOSE DEEMED NECESSARY AND APPROPRIATE  BY
THE COMMISSIONER.
  (E)  EVERY  HOSPITAL  SHALL  REPORT  TO THE COMMISSIONER MORE THAN SIX
DIVERSIONS IN ANY MONTH OR MORE THAN TWENTY-FIVE DIVERSIONS IN ANY  YEAR
OF PATIENTS FROM SUCH GENERAL HOSPITAL.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided  that  any
rules  and regulations necessary to implement the provisions of this act
on its effective date are authorized and directed to be completed on  or
before such date.