S T A T E   O F   N E W   Y O R K
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                                    170
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BENEDET-
   TO,  GALEF,  GLICK, KOLB, LUPARDO, MONTESANO -- read once and referred
   to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  requiring  the
   commissioner  of  health to develop and implement a system for uniform
   patient safety
 
   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 25
 to read as follows:
   §  25. UNIFORM PATIENT SAFETY. 1. THE COMMISSIONER SHALL, IN CONSULTA-
 TION WITH STATEWIDE ORGANIZATIONS REPRESENTATIVE OF PROVIDERS OF  HOSPI-
 TAL  AND  HEALTH-RELATED  SERVICES,  DEVELOP  AND IMPLEMENT A SYSTEM FOR
 COLOR-CODING STANDARDIZATION OF MEDICAL SAFETY CONDITIONS FOR USE IN ALL
 HEALTH CARE FACILITIES. THE COMMISSIONER SHALL, ON OR AFTER JULY  FIRST,
 TWO  THOUSAND TWENTY-ONE, DEVELOP SUCH UNIFORM PATIENT SAFETY CONDITIONS
 BY STANDARDIZING THE COLOR-CODING OF PATIENT WRIST BANDS  AND  PROVIDING
 HOSPITALS, HEALTH CARE PROVIDERS, RESIDENTIAL HEALTH CARE FACILITIES AND
 NURSING  HOMES  IN  THIS  STATE  WITH A PATIENT STANDARDIZATION WHICH IS
 UNIFORM IN RELATION TO HEALTH-RELATED SERVICES. THE  COMMISSIONER  SHALL
 ESTABLISH AND IMPLEMENT THE UNIFORMITY OF ALL PATIENT SAFETY THROUGH THE
 PROMULGATION  OF  RULES  AND  REGULATIONS  AND  FURTHER  PROVIDE FOR THE
 SYSTEMATIC AND STANDARD APPLICATION OF A COLOR  SYSTEM  TO  AID  IN  THE
 CLASSIFICATION  AND  IDENTIFICATION  OF SAFETY CONDITIONS INCLUDING, BUT
 NOT LIMITED TO, A DO NOT RESUSCITATE ORDER, ALLERGIES, FALL RISK OF  THE
 PATIENT, ELOPEMENT AND CHOKING PRECAUTIONS.
   2.  FOR THE PURPOSES OF THIS SECTION, "ELOPEMENT" MEANS THAT A PATIENT
 (A) HAS LEFT THE HOSPITAL, HEALTH CARE FACILITY, RESIDENTIAL HEALTH CARE
 FACILITY OR NURSING HOME, OR THE  COMPANY  OF  STAFF,  WITHOUT  AUTHORI-
 ZATION;  OR (B) HAS LEFT THE HOSPITAL, HEALTH CARE FACILITY, RESIDENTIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00075-01-9

 A. 170                              2
 
 HEALTH CARE FACILITY OR NURSING HOME WITH AUTHORIZATION BUT  HAS  FAILED
 TO  RETURN  TO SUCH FACILITY LATER THAN THIRTY MINUTES BEYOND THE DESIG-
 NATED TIME.
   §  2. This act shall take effect July 1, 2021; provided, however, that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such effective date.