S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    205
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred 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
 amended by section 1 of part Z of chapter 57 of the  laws  of  2019,  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00334-01-1

 A. 205                              2
 
 where services are provided  in  accordance  with  those  teachings.  No
 provision  of  this  article  or  any  other  provision  of law shall be
 construed to: (a) limit the  volume  of  mental  health,  substance  use
 disorder  services  or  developmental  disability  services  that can be
 provided by a provider of primary  care  services  licensed  under  this
 article and authorized to provide integrated services in accordance with
 regulations  issued by the commissioner in consultation with the commis-
 sioner of the office of mental health, the commissioner of the office of
 [alcoholism  and  substance  abuse  services]  ADDICTION  SERVICES   AND
 SUPPORTS  and  the  commissioner  of the office for people with develop-
 mental disabilities, including regulations issued pursuant  to  subdivi-
 sion  seven of section three hundred sixty-five-l of the social services
 law or part L of chapter fifty-six of the laws of two  thousand  twelve;
 (b)  require  a  provider licensed pursuant to article thirty-one of the
 mental hygiene law or certified pursuant to article sixteen  or  article
 thirty-two  of the mental hygiene law to obtain an operating certificate
 from the department if such provider  has  been  authorized  to  provide
 integrated services in accordance with regulations issued by the commis-
 sioner  in  consultation  with  the commissioner of the office of mental
 health, the commissioner of the  office  of  [alcoholism  and  substance
 abuse  services] ADDICTION SERVICES AND SUPPORTS and the commissioner of
 the office for people with developmental disabilities,  including  regu-
 lations  issued  pursuant  to subdivision seven of section three hundred
 sixty-five-l of the social services law or part L of  chapter  fifty-six
 of the laws of two thousand twelve.
   §  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.