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

                                  6561

                            I N  S E N A T E

                            February 6, 2014
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to hospital-sponsored
  off campus emergency departments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 2801 of the public health law, as
separately amended by chapters 297 and 416  of  the  laws  of  1983,  is
amended to read as follows:
  1.  "Hospital"  means a facility or institution engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dental clinic or dental dispensary,  of  a  dentist,  for  the
prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
deformity or physical condition, including, but not limited to, a gener-
al hospital, HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT,  public
health  center,  diagnostic  center,  treatment  center,  dental clinic,
dental dispensary, rehabilitation center  other  than  a  facility  used
solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
tal, chronic  disease  hospital,  maternity  hospital,  lying-in-asylum,
out-patient  department,  out-patient lodge, dispensary and a laboratory
or central service facility serving one or more such  institutions,  but
the  term hospital shall not include an institution, sanitarium or other
facility engaged principally in providing services for  the  prevention,
diagnosis  or treatment of mental disability and which is subject to the
powers of visitation, examination, inspection and investigation  of  the
department  of  mental hygiene except for those distinct parts of such a
facility which provide hospital service. The provisions of this  article
shall  not  apply  to  a  facility or institution engaged principally in
providing services by or under the supervision of the bona fide  members
and  adherents  of  a  recognized religious organization whose teachings
include reliance on spiritual means through prayer alone for healing  in
the practice of the religion of such organization and where services are
provided in accordance with those teachings.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13794-02-4
              

S. 6561                             2

  S  2. Section 2801 of the public health law is amended by adding a new
subdivision 11 to read as follows:
  11.  "HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT" MEANS AN
EMERGENCY DEPARTMENT THAT IS OWNED BY A GENERAL HOSPITAL  AND  GEOGRAPH-
ICALLY REMOVED FROM THE GENERAL HOSPITAL'S INPATIENT CAMPUS.
  S  3.  The public health law is amended by adding a new section 2802-b
to read as follows:
  S 2802-B. EMERGENCY  DEPARTMENTS  AND  HOSPITAL-SPONSORED  OFF  CAMPUS
EMERGENCY  DEPARTMENTS.  1.  A  HOSPITAL-SPONSORED  OFF CAMPUS EMERGENCY
DEPARTMENT SHALL GENERALLY OPERATE TWENTY-FOUR HOURS PER DAY, SEVEN DAYS
PER WEEK. HOWEVER, UPON APPLICATION AND APPROVAL UNDER  SUBDIVISION  TWO
OF  SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE, INCLUDING APPROVAL
BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, PART-TIME OPERATION AT
A MINIMUM OF TWELVE HOURS PER DAY MAY BE ALLOWED  FOR  A  HOSPITAL-SPON-
SORED  OFF CAMPUS EMERGENCY DEPARTMENT. SUCH APPROVAL SHALL ONLY BE MADE
UPON A FINDING THAT LOCAL SPECIAL  CIRCUMSTANCES  NECESSITATE  PART-TIME
OPERATION  AND  WITH  CONSIDERATION FOR THE QUALITY AND ACCESSIBILITY OF
EMERGENCY CARE AND THE PUBLIC INTEREST.
  2. A HOSPITAL-SPONSORED  OFF  CAMPUS  EMERGENCY  DEPARTMENT  SHALL  BE
SUBJECT   TO   THE   SAME   STANDARDS  AND  REQUIREMENTS  AS  A  GENERAL
HOSPITAL-BASED EMERGENCY DEPARTMENT WITH REGARD TO MINIMUM  TRAINING  OF
PROVIDERS,  STAFFING,  SERVICES  AND CAPACITY TO STABILIZE, AND TREAT AS
APPROPRIATE, ALL PATIENTS PRESENTING FOR TREATMENT  WITHOUT  REGARD  FOR
THEIR  ABILITY TO PAY IN ACCORDANCE WITH FEDERAL LAW AND RULES. A HOSPI-
TAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT SHALL  HAVE  CAPACITY  FOR
RECEIVING  GROUND AMBULANCE PATIENTS AND SHALL ESTABLISH TRANSFER PROTO-
COLS WITH LOCAL EMERGENCY MEDICAL SERVICE PROVIDERS AND  GENERAL  HOSPI-
TAL-BASED  EMERGENCY  DEPARTMENTS  TO ENSURE TIMELY TRANSFER OF PATIENTS
REQUIRING A HIGHER LEVEL OF CARE.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2014.