S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    651
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00842-01-1

 S. 651                              2
 
 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:
   (A) A DESCRIPTION OF ALL AFTER-CARE TASKS RECOMMENDED BY THE DISCHARG-
 ING  PHYSICIAN,  TAKING INTO ACCOUNT THE CAPABILITIES AND LIMITATIONS OF
 THE CAREGIVER; AND
   (B) CONTACT INFORMATION FOR  HEALTH  CARE,  COMMUNITY  RESOURCES,  AND
 LONG-TERM  SERVICES  AND SUPPORT NECESSARY TO SUCCESSFULLY CARRY OUT THE
 PATIENT'S DISCHARGE PLAN.
   3. THE HOSPITAL ISSUING THE DISCHARGE PLAN  SHALL  OFFER  PARENTS  AND
 LEGAL  GUARDIANS  INSTRUCTION  IN  ALL AFTER-CARE TASKS DESCRIBED IN THE
 DISCHARGE PLAN.
   (A) AT MINIMUM, SUCH INSTRUCTION SHALL INCLUDE:
   (I) A LIVE OR RECORDED DEMONSTRATION  OF  THE  TASKS  PERFORMED  BY  A
 HOSPITAL EMPLOYEE AUTHORIZED TO PERFORM THE AFTER-CARE TASK, PROVIDED IN
 A  CULTURALLY  COMPETENT  MANNER  AND  IN ACCORDANCE WITH THE HOSPITAL'S
 REQUIREMENTS TO PROVIDE LANGUAGE ACCESS SERVICES UNDER STATE AND FEDERAL
 LAW;
   (II) AN OPPORTUNITY FOR THE PARENT OR LEGAL GUARDIAN  AND  PATIENT  TO
 ASK QUESTIONS ABOUT THE AFTER-CARE TASKS; AND
   (III)  ANSWERS  TO  THE PARENT OR LEGAL GUARDIAN'S AND PATIENT'S QUES-
 TIONS PROVIDED IN A CULTURALLY COMPETENT MANNER AND IN  ACCORDANCE  WITH
 THE  HOSPITAL'S  REQUIREMENTS  TO PROVIDE LANGUAGE ACCESS SERVICES UNDER
 STATE AND FEDERAL LAW.
   (B) ANY INSTRUCTIONS REQUIRED UNDER THIS ARTICLE SHALL  BE  DOCUMENTED
 IN  THE PATIENT'S MEDICAL RECORD, INCLUDING, AT MINIMUM, THE DATE, TIME,
 AND CONTENTS OF THE INSTRUCTION.
   4. THE DEPARTMENT SHALL PROMULGATE  RULES  AND  REGULATIONS  TO  ALLOW
 MEDICALLY FRAGILE YOUNG ADULTS WHO RESIDE IN PEDIATRIC SPECIALIZED NURS-
 ING  FACILITIES  TO  REMAIN AT SUCH FACILITIES AFTER REACHING THE AGE OF
 TWENTY-ONE. THE REIMBURSEMENT METHODOLOGY MUST REMAIN THE SAME AS IT WAS
 PRIOR TO REACHING SUCH AGE AND INCLUDE A DAILY PER DIEM RATE AND  COVER-
 AGE  FOR  BEDHOLDS.  MEDICAID  REIMBURSEMENT  FOR  THIS  POPULATION  FOR
 RESERVED BEDS DUE TO HOSPITALIZATION AND  FOR  THERAPEUTIC  AND  HOSPICE
 LEAVES  OF  ABSENCE  MUST  REMAIN AT ONE HUNDRED PERCENT OF THE MEDICAID
 RATE OF MEDICALLY FRAGILE CHILDREN. THE DEPARTMENT MAY NOT  INSTITUTE  A
 DAILY LIMIT AT EACH FACILITY FOR THIS POPULATION.
   5. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO
 IMPLEMENT  THE PROVISIONS OF THIS SECTION, INCLUDING BUT NOT LIMITED TO,
 REGULATIONS TO FURTHER DEFINE THE CONTENT AND SCOPE OF  ANY  INSTRUCTION
 PROVIDED TO PARENTS, LEGAL GUARDIANS AND PATIENTS UNDER THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.