Assembly Bill A4685A

Signed By Governor
2021-2022 Legislative Session

Prohibits general hospitals from disallowing individuals with disabilities from having an essential support person accompany them for the duration of their hospitalization

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S1035 - Signed by Governor

  • 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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Bill Amendments

2021-A4685 - Details

See Senate Version of this Bill:
S1035
Law Section:
Public Health Law
Laws Affected:
Add §2828, Pub Health L

2021-A4685 - Summary

Prohibits general hospitals from disallowing individuals with disabilities from having an essential support person accompany them for the duration of their hospitalization in response to a pandemic or state disaster emergency.

2021-A4685 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4685
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on People with Disabilities
 
 AN ACT to amend the public health law, in relation to prohibiting hospi-
   tals from disallowing individuals with  disabilities  from  having  an
   essential  support  person  accompany  them  for the duration of their
   hospitalization

   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. ESSENTIAL SUPPORT PERSONS ALLOWED FOR INDIVIDUALS  WITH  DISA-
 BILITIES  DURING A STATE OF EMERGENCY.  1. FOR PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DISABILITY" SHALL MEAN ANY CONDITION OR DISORDER  WHICH  PREVENTS
 OR  MAKES  DIFFICULT  FOR  AN  INDIVIDUAL  THE  ABILITY TO COMMUNICATE A
 MEDICAL CONDITION OR CERTAIN SPECIFIC MEDICAL OR EVERYDAY NEEDS, INCLUD-
 ING, BUT NOT LIMITED TO, AUTISM OR CEREBRAL PALSY.
   (B) "ESSENTIAL SUPPORT PERSON" SHALL MEAN AN INDIVIDUAL WHO FREQUENTLY
 ACCOMPANIES AND ASSISTS AN INDIVIDUAL WITH A  DISABILITY  WITH  MANAGING
 AND  COMMUNICATING  BASIC  OR MEDICAL NEEDS AND IS CONSIDERED A CRITICAL
 MEMBER OF SUCH INDIVIDUAL'S HEALTH CARE TEAM.
   2. (A) NO  HOSPITAL  SHALL  ESTABLISH  ANY  RULES  OR  REGULATIONS  IN
 RESPONSE  TO  A  PANDEMIC  OR  STATE  DISASTER EMERGENCY DECLARED BY THE
 GOVERNOR, PROHIBITING A PATIENT  WHO  SUFFERS  FROM  A  DISABILITY  FROM
 HAVING  ACCESS  TO AN ESSENTIAL SUPPORT PERSON FOR THE DURATION OF THEIR
 HOSPITALIZATION FROM INTAKE TO DISCHARGE.
   (B) AN INDIVIDUAL WITH A DISABILITY SHALL BE ALLOWED  TO  DESIGNATE  A
 SINGLE  PRIMARY  ESSENTIAL  SUPPORT  PERSON  TO  ASSIST WITH MEDICAL AND
 EVERYDAY NEEDS DURING HOSPITALIZATION AND SUCH ESSENTIAL SUPPORT  PERSON
 SHALL BE LIMITED TO SUCH INDIVIDUAL'S PARENT, SPOUSE OR CARETAKER.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A4685A (ACTIVE) - Details

See Senate Version of this Bill:
S1035
Law Section:
Public Health Law
Laws Affected:
Add §2828, Pub Health L

2021-A4685A (ACTIVE) - Summary

Prohibits general hospitals from disallowing individuals with disabilities from having an essential support person accompany them for the duration of their hospitalization in response to a pandemic or state disaster emergency.

2021-A4685A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4685--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on People with Disabilities --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public health law, in relation to prohibiting gener-
   al hospitals  from  disallowing  individuals  with  disabilities  from
   having  an essential support person accompany them for the duration of
   their hospitalization
 
   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. ESSENTIAL SUPPORT PERSONS ALLOWED FOR INDIVIDUALS  WITH  DISA-
 BILITIES  DURING A STATE OF EMERGENCY.  1. FOR PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DISABILITY" SHALL MEAN ANY CONDITION OR DISORDER  WHICH  PREVENTS
 OR  MAKES  DIFFICULT  FOR  AN  INDIVIDUAL  THE  ABILITY TO COMMUNICATE A
 MEDICAL CONDITION OR CERTAIN SPECIFIC MEDICAL OR EVERYDAY NEEDS, INCLUD-
 ING, BUT NOT LIMITED TO, AUTISM OR CEREBRAL PALSY.
   (B) "ESSENTIAL SUPPORT PERSON" SHALL MEAN AN INDIVIDUAL WHO FREQUENTLY
 ACCOMPANIES AND ASSISTS AN INDIVIDUAL WITH A  DISABILITY  WITH  MANAGING
 AND  COMMUNICATING  BASIC  OR MEDICAL NEEDS AND IS CONSIDERED A CRITICAL
 MEMBER OF SUCH INDIVIDUAL'S HEALTH CARE TEAM.
   2. (A) NO GENERAL HOSPITAL SHALL ESTABLISH ANY RULES OR REGULATIONS IN
 RESPONSE TO A PANDEMIC OR  STATE  DISASTER  EMERGENCY  DECLARED  BY  THE
 GOVERNOR,  PROHIBITING  A  PATIENT  WHO  SUFFERS  FROM A DISABILITY FROM
 HAVING ACCESS TO AN ESSENTIAL SUPPORT PERSON FOR THE DURATION  OF  THEIR
 HOSPITALIZATION FROM INTAKE TO DISCHARGE.
   (B)  AN  INDIVIDUAL  WITH A DISABILITY SHALL BE ALLOWED TO DESIGNATE A
 SINGLE PRIMARY ESSENTIAL SUPPORT  PERSON  TO  ASSIST  WITH  MEDICAL  AND
 EVERYDAY  NEEDS DURING HOSPITALIZATION AND SUCH ESSENTIAL SUPPORT PERSON
 SHALL BE LIMITED TO SUCH INDIVIDUAL'S PARENT, SPOUSE OR CARETAKER.
   § 2. This act shall take effect immediately.

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