S T A T E O F N E W Y O R K
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5771
2015-2016 Regular Sessions
I N S E N A T E
June 2, 2015
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Introduced by Sen. MURPHY -- 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 stroke centers
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 article
28-F to read as follows:
ARTICLE 28-F
STROKE CENTERS
SECTION 2899-D. DESIGNATION OF COMPREHENSIVE STROKE CENTERS, PRIMARY
STROKE CENTERS AND ACUTE STROKE READY HOSPITALS.
2899-E. COMMUNICATION BETWEEN CENTERS.
2899-F. EMERGENCY SERVICES PROVIDERS; ASSESSMENT AND TRANSPORTA-
TION OF STROKE PATIENTS TO A COMPREHENSIVE STROKE
CENTER, PRIMARY STROKE CENTER OR ACUTE STROKE READY
HOSPITAL.
2899-G. CONTINUOUS IMPROVEMENT OF THE QUALITY OF CARE FOR INDI-
VIDUALS WITH STROKES.
2899-H. COVERAGE FOR TELEMEDICINE SERVICES.
2899-I. USE OF DESIGNATION IN ADVERTISING.
2899-J. DISCLAIMER.
S 2899-D. DESIGNATION OF COMPREHENSIVE STROKE CENTERS, PRIMARY STROKE
CENTERS AND ACUTE STROKE READY HOSPITALS. 1. HOSPITALS MAY APPLY TO THE
DEPARTMENT FOR A DESIGNATION AS A COMPREHENSIVE STROKE CENTER, PRIMARY
STROKE CENTER OR ACUTE STROKE READY HOSPITAL.
2. THE DEPARTMENT SHALL APPROVE ALL APPLICATIONS FOR DESIGNATION WHERE
THE APPLICANT HOSPITAL HAS BEEN CERTIFIED AS A COMPREHENSIVE STROKE
CENTER, PRIMARY STROKE CENTER OR ACUTE STROKE READY HOSPITAL BY THE
AMERICAN HEART ASSOCIATION OR ANY OTHER DEPARTMENT APPROVED NATIONALLY
RECOGNIZED GUIDELINES BASED ORGANIZATION THAT PROVIDES THE RESPECTIVE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10750-02-5
S. 5771 2
CERTIFICATION, PROVIDED THAT EACH APPLICANT CONTINUES TO MAINTAIN ITS
CERTIFICATION.
3. THE DEPARTMENT MAY SUSPEND OR REVOKE A HOSPITAL'S DESIGNATION AS A
COMPREHENSIVE STROKE CENTER, PRIMARY STROKE CENTER OR ACUTE STROKE READY
HOSPITAL AFTER NOTICE AND A HEARING IF THE DEPARTMENT DETERMINES THAT
THE HOSPITAL NO LONGER MEETS THE CRITERIA FOR DESIGNATION.
S 2899-E. COMMUNICATION BETWEEN CENTERS. 1. COMPREHENSIVE STROKE
CENTERS AND PRIMARY STROKE CENTERS ARE ENCOURAGED TO COORDINATE, THROUGH
AGREEMENT, WITH ACUTE STROKE READY HOSPITALS THROUGHOUT THE STATE TO
PROVIDE APPROPRIATE ACCESS TO CARE FOR ACUTE STROKE PATIENTS.
2. THE COORDINATING STROKE CARE AGREEMENT SHALL BE IN WRITING AND
INCLUDE:
(A) PROVISIONS FOR THE TRANSPORTATION AND ACCEPTANCE OF STROKE
PATIENTS SEEN BY THE ACUTE STROKE READY HOSPITALS FOR STROKE TREATMENT
THERAPIES WHICH THE REMOTE TREATMENT STROKE CENTER IS NOT CAPABLE OF
PROVIDING; AND
(B) CRITERIA AND PROTOCOLS FOR COMMUNICATIONS WITH THE ACUTE STROKE
READY HOSPITALS.
S 2899-F. EMERGENCY SERVICES PROVIDERS; ASSESSMENT AND TRANSPORTATION
OF STROKE PATIENTS TO A COMPREHENSIVE STROKE CENTER, PRIMARY STROKE
CENTER OR ACUTE STROKE READY HOSPITAL. 1. BY JUNE FIRST OF EACH YEAR THE
DEPARTMENT SHALL SEND A LIST OF COMPREHENSIVE STROKE CENTERS, PRIMARY
STROKE CENTERS AND ACUTE STROKE READY HOSPITALS TO THE MEDICAL DIRECTOR
OF EACH LICENSED EMERGENCY MEDICAL SERVICES PROVIDER IN THIS STATE. THE
DEPARTMENT SHALL MAINTAIN A COPY OF THE LIST AND SHALL POST THE LIST TO
THE DEPARTMENT'S WEBSITE.
2. THE DEPARTMENT SHALL CREATE A NATIONALLY RECOGNIZED STANDARDIZED
STROKE ASSESSMENT TOOL. THE DEPARTMENT SHALL POST THE ASSESSMENT TOOL ON
THEIR WEBSITE AND PROVIDE A COPY OF THE ASSESSMENT TOOL TO EACH LICENSED
EMERGENCY MEDICAL SERVICES PROVIDER. EACH LICENSED EMERGENCY MEDICAL
SERVICES PROVIDER SHALL USE A STROKE ASSESSMENT TOOL THAT IS SUBSTAN-
TIALLY SIMILAR TO THE STROKE ASSESSMENT TOOL PROVIDED BY THE DEPARTMENT.
3. ALL EMERGENCY SERVICES AUTHORITIES IN THE STATE SHALL ESTABLISH
PRE-HOSPITAL CARE PROTOCOLS RELATED TO THE ASSESSMENT, TREATMENT AND
TRANSPORT OF STROKE PATIENTS BY LICENSED EMERGENCY MEDICAL SERVICES
PROVIDERS IN THE STATE. SUCH PROTOCOLS SHALL INCLUDE THE DEVELOPMENT AND
IMPLEMENTATION OF PLANS FOR THE TRIAGE AND TRANSPORT OF ACUTE STROKE
PATIENTS TO THE CLOSEST COMPREHENSIVE STROKE CENTER, PRIMARY STROKE
CENTER OR ACUTE STROKE READY HOSPITAL, WITHIN A SPECIFIED TIMEFRAME OF
THE ONSET OF SYMPTOMS.
4. ALL EMERGENCY SERVICES AUTHORITIES IN THE STATE SHALL ESTABLISH AS
PART OF CURRENT TRAINING REQUIREMENTS, PROTOCOLS TO ENSURE THAT LICENSED
EMERGENCY MEDICAL SERVICES PROVIDERS AND EMERGENCY DISPATCH PERSONNEL
RECEIVE REGULAR TRAINING ON THE ASSESSMENT AND TREATMENT OF STROKE
PATIENTS.
5. ALL EMERGENCY MEDICAL SERVICES PROVIDERS MUST COMPLY WITH THE
PROVISIONS OF THIS SECTION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
ARTICLE.
6. ALL DATA REPORTED UNDER THIS SECTION, WHICH IS NOT PROTECTED BY
CONFIDENTIALITY, SHALL BE MADE AVAILABLE TO THE DEPARTMENT AND TO ANY
AND ALL OTHER GOVERNMENT AGENCIES OR CONTRACTORS OF GOVERNMENT AGENCIES
THAT HAVE RESPONSIBILITY FOR THE MANAGEMENT AND ADMINISTRATION OF EMER-
GENCY MEDICAL SERVICES WITHIN THE STATE.
S 2899-G. CONTINUOUS IMPROVEMENT OF THE QUALITY OF CARE FOR INDIVID-
UALS WITH STROKES. 1. THE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT A
PLAN FOR ACHIEVING CONTINUOUS QUALITY IMPROVEMENT OF THE QUALITY OF CARE
S. 5771 3
PROVIDED UNDER THE STATEWIDE SYSTEM FOR STROKE RESPONSE AND TREATMENT.
IN IMPLEMENTING THIS PLAN THE DEPARTMENT SHALL:
(A) MAINTAIN A STATEWIDE STROKE DATABASE THAT COMPILES INFORMATION AND
STATISTICS ON STROKE CARE THAT ALIGN WITH THE STROKE CONSENSUS METRICS
DEVELOPED AND APPROVED BY THE AMERICAN HEART ASSOCIATION/AMERICAN STROKE
ASSOCIATION. THE DEPARTMENT SHALL UTILIZE "GET WITH THE GUIDELINES -
STROKE" OR ANOTHER NATIONALLY RECOGNIZED DATA SET PLATFORM WITH CONFI-
DENTIALITY STANDARDS NO LESS SECURE, AS THE STROKE REGISTRY DATA PLAT-
FORM. TO THE EXTENT POSSIBLE, THE DEPARTMENT SHALL COORDINATE WITH
NATIONAL VOLUNTARY HEALTH ORGANIZATIONS INVOLVED IN STROKE QUALITY
IMPROVEMENT TO AVOID DUPLICATION AND REDUNDANCY.
(B) REQUIRE COMPREHENSIVE STROKE CENTERS AND PRIMARY STROKE CENTERS
AND ENCOURAGE ACUTE STROKE READY HOSPITALS AND EMERGENCY MEDICAL
SERVICES AGENCIES TO REPORT DATA CONSISTENT WITH NATIONALLY RECOGNIZED
GUIDELINES ON THE TREATMENT OF INDIVIDUALS WITH CONFIRMED STROKE WITHIN
THE STATE.
(C) ENCOURAGE SHARING OF INFORMATION AND DATA AMONG HEALTH CARE
PROVIDERS ON WAYS TO IMPROVE THE QUALITY OF CARE OF STROKE PATIENTS IN
THIS STATE.
(D) FACILITATE THE COMMUNICATION AND ANALYSIS OF HEALTH INFORMATION
AND DATA AMONG THE HEALTH CARE PROFESSIONALS PROVIDING CARE FOR INDIVID-
UALS WITH STROKE.
(E) REQUIRE THE APPLICATION OF EVIDENCED-BASED TREATMENT GUIDELINES
REGARDING THE TRANSITIONING OF PATIENTS TO COMMUNITY-BASED FOLLOW-UP
CARE IN HOSPITAL OUTPATIENT, PHYSICIAN OFFICE AND AMBULATORY CLINIC
SETTINGS FOR ONGOING CARE AFTER HOSPITAL DISCHARGE FOLLOWING ACUTE
TREATMENT FOR STROKE.
(F) ESTABLISH A DATA OVERSIGHT PROCESS AND IMPLEMENT A PLAN FOR
ACHIEVING CONTINUOUS QUALITY IMPROVEMENT IN THE QUALITY OF CARE PROVIDED
UNDER THE STATEWIDE SYSTEM FOR STROKE RESPONSE AND TREATMENT WHICH SHALL
DO ALL OF THE FOLLOWING:
(I) ANALYZE DATA GENERATED BY THE REGISTRY ON STROKE RESPONSE AND
TREATMENT;
(II) IDENTIFY POTENTIAL INTERVENTIONS TO IMPROVE STROKE CARE IN
GEOGRAPHIC AREAS OR REGIONS OF THE STATE; AND
(III) PROVIDE RECOMMENDATIONS TO THE DEPARTMENT AND THE LEGISLATURE
FOR THE IMPROVEMENT OF STROKE CARE AND DELIVERY IN THE STATE.
2. ALL DATA REPORTED UNDER THIS SECTION SHALL BE MADE AVAILABLE TO THE
DEPARTMENT AND ALL OTHER GOVERNMENT AGENCIES OR CONTRACTORS OF GOVERN-
MENT AGENCIES THAT HAVE RESPONSIBILITY FOR THE MANAGEMENT AND ADMINIS-
TRATION OF EMERGENCY MEDICAL SERVICES THROUGHOUT THE STATE.
3. BY JUNE FIRST EACH YEAR THE DEPARTMENT SHALL PROVIDE A SUMMARY
REPORT OF THE DATA COLLECTED PURSUANT TO THIS SECTION. ALL DATA SHALL BE
REPORTED IN THE AGGREGATE FORM AND SHALL BE POSTED ON THE DEPARTMENT'S
WEBSITE AND PRESENTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY TO SHOW STATEWIDE PROGRESS TOWARD
IMPROVING QUALITY OF CARE AND PATIENT OUTCOMES.
4. THIS SECTION DOES NOT REQUIRE THE DISCLOSURE OF ANY CONFIDENTIAL
INFORMATION OR OTHER DATA IN VIOLATION OF THE FEDERAL HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996, P.L. 104-191.
S 2899-H. COVERAGE FOR TELEMEDICINE SERVICES. 1. EACH INSURER, CORPO-
RATION OR HEALTH MAINTENANCE ORGANIZATION PROVIDING A HEALTH CARE PLAN
SHALL PROVIDE COVERAGE FOR TELEMEDICINE SERVICES FOR THE TREATMENT OF
ACUTE STROKE.
S. 5771 4
2. AS USED IN THIS SECTION, "TELEMEDICINE SERVICES", SHALL MEAN THE
USE OF INTERACTIVE AUDIO, VIDEO AND OTHER ELECTRONIC MEDIA USED FOR THE
PURPOSE OF DIAGNOSIS, CONSULTATION, OR TREATMENT OF ACUTE STROKE.
3. AN INSURER, CORPORATION, OR HEALTH MAINTENANCE ORGANIZATION SHALL
REIMBURSE THE TREATING PROVIDER OR THE CONSULTING PROVIDER FOR THE DIAG-
NOSIS, CONSULTATION, OR TREATMENT OF THE INSURED DELIVERED THROUGH TELE-
MEDICINE SERVICES ON THE SAME BASIS THAT THE INSURER, CORPORATION, OR
HEALTH MAINTENANCE ORGANIZATION IS RESPONSIBLE FOR COVERAGE FOR THE
PROVISION OF THE SAME SERVICE THROUGH FACE-TO-FACE CONSULTATION OR
CONTACT.
4. THE REQUIREMENTS OF THIS SECTION SHALL APPLY TO ALL INSURANCE POLI-
CIES, CONTRACTS, AND PLANS DELIVERED, ISSUED FOR DELIVERY, REISSUED, OR
EXTENDED WITHIN THE STATE ON AND AFTER ONE HUNDRED EIGHTY DAYS AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, OR AT ANY TIME THEREAFTER WHEN ANY TERM
OF THE POLICY, CONTRACT, OR PLAN IS CHANGED OR ANY PREMIUM ADJUSTMENT IS
MADE.
S 2899-I. USE OF DESIGNATION IN ADVERTISING. NO PERSON OR ENTITY MAY
ADVERTISE TO THE PUBLIC THAT A HOSPITAL IS A COMPREHENSIVE STROKE CENTER
OR A PRIMARY STROKE CENTER UNLESS THE HOSPITAL HAS BEEN DESIGNATED AS
SUCH BY THE DEPARTMENT PURSUANT TO THIS ARTICLE.
S 2899-J. DISCLAIMER. THIS ARTICLE IS NOT A MEDICAL PRACTICE GUIDELINE
AND SHALL NOT BE USED TO RESTRICT THE AUTHORITY OF A HOSPITAL TO PROVIDE
SERVICES FOR WHICH IT HAS RECEIVED A LICENSE UNDER STATE LAW. THE LEGIS-
LATURE INTENDS THAT ALL PATIENTS BE TREATED INDIVIDUALLY BASED ON EACH
PATIENT'S NEEDS AND CIRCUMSTANCES.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made and
completed before such effective date.
