S T A T E   O F   N E W   Y O R K
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                                   1319
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by M. of A. SIMANOWITZ, RIVERA, HEVESI, SANTABARBARA, QUART,
   ORTIZ,  STIRPE,  KEARNS,  CYMBROWITZ,  OTIS,  RAIA,  LUPARDO,   SIMON,
   O'DONNELL,  TITONE,  ROSENTHAL,  MONTESANO,  RA, RICHARDSON, McDONALD,
   FAHY, WOERNER, SOLAGES, WILLIAMS, CAHILL -- Multi-Sponsored by  --  M.
   of  A.  BLAKE,  BUTLER,  GLICK,  McKEVITT, McLAUGHLIN -- read once and
   referred 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. USE OF DESIGNATION IN ADVERTISING.
         2899-I. DISCLAIMER.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02341-01-7

 A. 1319                             2
 
 AMERICAN  HEART  ASSOCIATION, THE JOINT COMMISSION, OR ANY OTHER DEPART-
 MENT APPROVED NATIONALLY RECOGNIZED GUIDELINES BASED  ORGANIZATION  THAT
 PROVIDES  THE  RESPECTIVE  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.
   §  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.
   § 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 CERTIFIED 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 MAINTAIN 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  CERTI-
 FIED  EMERGENCY  MEDICAL  SERVICES  PROVIDER.  EACH  CERTIFIED EMERGENCY
 MEDICAL SERVICES PROVIDER SHALL USE A STROKE  ASSESSMENT  TOOL  THAT  IS
 SUBSTANTIALLY  SIMILAR  TO  THE  STROKE  ASSESSMENT TOOL PROVIDED BY THE
 DEPARTMENT.
   3. ALL EMERGENCY MEDICAL SERVICES COUNCILS IN THE STATE  SHALL  ESTAB-
 LISH  PRE-HOSPITAL  CARE  PROTOCOLS RELATED TO THE ASSESSMENT, TREATMENT
 AND TRANSPORT OF STROKE PATIENTS BY CERTIFIED 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  MEDICAL  SERVICES  PROVIDERS  MUST COMPLY WITH THE
 PROVISIONS OF THIS SECTION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
 ARTICLE.
   § 2899-G. CONTINUOUS IMPROVEMENT OF THE QUALITY OF CARE  FOR  INDIVID-
 UALS  WITH  STROKES.  1. THE DEPARTMENT SHALL ESTABLISH A DATA OVERSIGHT
 PROCESS WHICH SHALL INCLUDE:
   (A) A STATEWIDE STROKE REGISTRY DATABASE THAT COMPILES INFORMATION AND
 STATISTICS ON STROKE CARE WHICH ALIGN WITH NATIONALLY RECOGNIZED  STROKE
 TREATMENT METRICS.
   (B)  HOSPITALS  DESIGNATED BY THE DEPARTMENT PURSUANT TO SECTION TWEN-
 TY-EIGHT HUNDRED NINETY-NINE-D OF THIS ARTICLE AS  COMPREHENSIVE  STROKE
 CENTERS,  PRIMARY STROKE CENTERS AND ACUTE STROKE READY, SHALL UTILIZE A
 NATIONALLY RECOGNIZED DATA PLATFORM SUCH AS "GET WITH THE GUIDELINES" TO

 A. 1319                             3
 
 COLLECT DATA WHICH WILL BE SUBMITTED TO THE DEPARTMENT FOR INCLUSION  IN
 THE STATEWIDE STROKE DATABASE.
   (C)  HOSPITALS  DESIGNATED AS COMPREHENSIVE AND PRIMARY STROKE CENTERS
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-D OF  THIS  ARTICLE
 ARE REQUIRED TO REPORT DATA TO THE STATEWIDE STROKE DATABASE.
   (D)  ALL  HOSPITALS,  INCLUDING  THOSE  DESIGNATED PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED NINETY-NINE-D OF THIS ARTICLE AS ACUTE STROKE READY
 HOSPITALS ARE ENCOURAGED TO REPORT DATA TO THE  STATEWIDE  STROKE  DATA-
 BASE.
   (E)  THE  DATA OVERSIGHT PROCESS SHALL TRACK CARE AT INDIVIDUAL HOSPI-
 TALS AS WELL AS THE COORDINATION OF CARE ACROSS THE SYSTEM.
   (F) IN DEVELOPING THE DATA OVERSIGHT  PROCESS,  THE  DEPARTMENT  SHALL
 CONSULT  WITH  EXPERTS  IN THE FIELD OF STROKE TREATMENT SUCH AS A STATE
 STROKE PHYSICIAN ADVISORY COMMITTEE.
   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.
   §  2899-H.  USE OF DESIGNATION IN ADVERTISING. NO PERSON OR ENTITY MAY
 ADVERTISE TO THE PUBLIC  THAT  A  HOSPITAL  IS  A  COMPREHENSIVE  STROKE
 CENTER,  PRIMARY STROKE CENTER, OR AN ACUTE STROKE READY HOSPITAL UNLESS
 THE HOSPITAL HAS BEEN DESIGNATED AS SUCH BY THE DEPARTMENT  PURSUANT  TO
 THIS ARTICLE.
   § 2899-I. 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.
   § 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 are authorized and directed to be made
 and completed before such effective date.