S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2437--A
                                                         Cal. No. 190
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M. of A. SKOUFIS, JAFFEE, GOTTFRIED, STECK, SEPULVEDA --
   Multi-Sponsored by -- M. of A. BRAUNSTEIN -- read once and referred to
   the Committee on Health -- ordered to a  third  reading,  amended  and
   ordered reprinted, retaining its place on the order of third reading

 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
 amended  by  chapter  397  of  the  laws  of 2016, 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, or, in the
 case of a midwifery birth center, of  a  midwife,  for  the  prevention,
 diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
 physical condition, including, but not limited to, a  general  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 hospital,  chronic
 disease  hospital, maternity hospital, midwifery birth center, lying-in-
 asylum, out-patient department,  out-patient  lodge,  dispensary  and  a
 laboratory  or  central service facility serving one or more such insti-
 tutions, but the term hospital shall not include an  institution,  sani-
 tarium  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  inves-
 tigation  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03992-07-8

 A. 2437--A                          2
 
 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.
   § 2. Section 2801 of the public health law is amended by adding a  new
 subdivision 12 to read as follows:
   12.  "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.
   §  3.  The public health law is amended by adding a new section 2802-b
 to read as follows:
   § 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  HOSPITAL-SPONSORED
 OFF CAMPUS EMERGENCY DEPARTMENT SHALL HAVE CAPACITY FOR RECEIVING GROUND
 AMBULANCE  PATIENTS  AND  SHALL  ESTABLISH TRANSFER PROTOCOLS WITH LOCAL
 EMERGENCY MEDICAL SERVICE PROVIDERS AND GENERAL HOSPITAL-BASED EMERGENCY
 DEPARTMENTS TO ENSURE TIMELY TRANSFER OF  PATIENTS  REQUIRING  A  HIGHER
 LEVEL OF CARE.
   § 4. This act shall take effect immediately.