S T A T E O F N E W Y O R K
________________________________________________________________________
6341
2021-2022 Regular Sessions
I N S E N A T E
April 22, 2021
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT requiring hospitals which reserved beds for patients with behav-
ioral or mental health issues or substance use disorder prior to the
COVID-19 pandemic to continue to provide such beds to such patients
after the expiration of the state disaster emergency declared pursuant
to executive order number 202
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. In order to ensure that the state has adequate bed capacity
for patients with behavioral or mental health issues or substance use
disorder, all hospital beds which were reserved for patients being
admitted or observed for behavioral or mental health issues or need
medically supervised detoxification services prior to the COVID-19
pandemic and which were subsequently allocated for other purposes as a
result of Executive Order No. 202 of 2020 or any amendment or modifica-
tion of such executive order shall return to being reserved for patients
being admitted or observed for behavioral or mental health or substance
use disorder issues upon the expiration of the state disaster emergency
declared pursuant to such executive order and any further amendments or
modifications thereto, and as may be further extended pursuant to
section 28 of the executive law. Any hospital which fails to comply
with the requirements of this section upon the expiration of the state
disaster emergency declared by Executive Order No. 202 and any further
amendments or modifications thereto, and as may be further extended
pursuant to section 28 of the executive law, shall be fined up to
$500,000 as determined by the commissioner of the department of health
or denied the issuance of a certificate of need.
§ 2. This act shall take effect on the thirtieth day after the expira-
tion of the declared state of emergency relating to the novel coronavi-
rus (COVID-19); provided, that the commissioner of health shall notify
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10881-04-1
S. 6341 2
the legislative bill drafting commission upon the occurrence of the
expiration of the state disaster emergency declared by executive order
number 202 and any further amendments or modifications, and as may be
further extended pursuant to section 28 of the executive law, in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.