Assembly Bill A10032

2019-2020 Legislative Session

Requires a consultation prior to the discharge of medically fragile young adults

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A10032 (ACTIVE) - Details

See Senate Version of this Bill:
S7130
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2828, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: A2557, S651
2023-2024: A3674, S5969

2019-A10032 (ACTIVE) - Summary

Requires a consultation prior to the discharge of medically fragile young adults.

2019-A10032 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10032
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  requiring  a
   consultation prior to the discharge of medically fragile young adults
 
   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  section
 2828 to read as follows:
   §  2828.  DISCHARGE OF MEDICALLY FRAGILE YOUNG ADULTS. 1. FOR PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MEDICALLY FRAGILE YOUNG ADULTS" SHALL HAVE THE  SAME  MEANING  AS
 THE  TERM  "MEDICALLY  FRAGILE  CHILDREN"  AS  SET  FORTH IN SUBDIVISION
 THREE-A OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAPTER AND SHALL
 INCLUDE MEDICALLY FRAGILE YOUNG ADULTS WHO CURRENTLY RESIDE AT A  PEDIA-
 TRIC SPECIALIZED NURSING FACILITY AND ARE OVER TWENTY-ONE YEARS OF AGE;
   (B) "HOSPITAL" SHALL MEAN ANY "GENERAL HOSPITAL" AS DEFINED IN SECTION
 TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;
   (C) "DISCHARGE" SHALL MEAN A PATIENT'S EXIT OR RELEASE FROM A HOSPITAL
 TO THE PATIENT'S RESIDENCE FOLLOWING AN ADMISSION TO A HOSPITAL;
   (D)  "PATIENT"  SHALL  MEAN A PATIENT WHO IS A MEDICALLY FRAGILE YOUNG
 ADULT; AND
   (E) "RESIDENCE" SHALL MEAN A DWELLING THAT THE PATIENT CONSIDERS TO BE
 HIS OR HER HOME. A "RESIDENCE" FOR THE PURPOSES OF  THIS  ARTICLE  SHALL
 NOT  INCLUDE  ANY REHABILITATION FACILITY, HOSPITAL, GROUP HOME OR OTHER
 RESIDENTIAL HEALTH CARE FACILITY  AS  DEFINED  IN  SECTION  TWENTY-EIGHT
 HUNDRED  ONE  OF THIS ARTICLE OR ANY INPATIENT FACILITY REGULATED BY THE
 OFFICE OF MENTAL HEALTH.
   2. NOT LATER THAN TWENTY-FOUR HOURS PRIOR  TO  A  PATIENT'S  DISCHARGE
 FROM  A  HOSPITAL,  THE  HOSPITAL SHALL CONSULT WITH THE PATIENT AND THE
 PARENT OR LEGAL GUARDIAN OF THE PATIENT REGARDING SUCH PARENT  OR  LEGAL
 GUARDIAN'S  CAPABILITIES AND LIMITATIONS AND ISSUE A DISCHARGE PLAN THAT
 DESCRIBES A PATIENT'S AFTER-CARE NEEDS AT HIS OR  HER  RESIDENCE.  AT  A
 MINIMUM, SUCH DISCHARGE PLAN SHALL INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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