S T A T E   O F   N E W   Y O R K
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                                  4258

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04621-01-5
              

S. 4258                             2

the practice of the religion of such organization and where services are
provided in accordance with those teachings.
  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, 2015.