BILL NUMBER: S1035A

SPONSOR: ADDABBO
 
TITLE OF BILL:

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

 
PURPOSE:

To prohibit general hospitals from disallowing individuals with disabil-
ities from having an essential support person accompany the patient for
the duration of their hospitalization.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding a new section 2828 to
allow for support persons for individuals with disabilities during a
state of emergency.
              

- Subsection a defines the term disability for the purpose of this
section as an individual having any condition or disorder that makes it
difficult for an individual to communicate a medical condition or
certain or everyday needs, including but not limited to autism or cere-
bral palsy.

- Subsection b defines essential support person as an individual who
frequently accompanies and assists the individual with the disability,

Section 2 outlines a - that a general hospital may not establish any
rules or regulations in a response to a pandemic or state disaster emer-
gency declared by the governor, to prohibit a patient who suffers from a
disability from having an essential support person present for the dura-
tion of their hospitalization and b - states that an individual with a
disability be allowed to designate a single support person to assist
with medical and everyday needs, and that such essential support person
shall be limited to the patient's parent, spouse or caretaker.

Section 2 is the effective date.

 
JUSTIFICATION:

On March 27, 2020, at the beginning of the COVID-19 pandemic, John and
Maria D'Amico took their son Fred, who was an adult with autism, to Good
Samaritan Hospital on Long Island with a fever. The D'Amico's were
subsequently denied the right to stay with their son, who was admitted
to the hospital. For several days, the D'Amicos called the hospital to
inquire about their son's medical condition, and were given no informa-
tion their calls to the hospital were not returned from the medical
staff. On March 31, the D'Amicos were told their son had passed away.
The D'Amicos are devastated that although their son was unable to speak
or advocate for himself in any way, he was unable to have his parents,
who were his life-long caretakers and advocates, with him during his
medical care and when he passed away.

In addition, there have been countless reports of individuals presenting
at hospitals during the COVID-19 pandemic whereby a family member is
unable to accompany the patient into the hospital, and tragically, thou-
sands of patients have suffered and passed away alone. In the case of an
individual with a disability such as autism or other disability where
they are unable to communicate their wishes or understand their medical
treatment, the situation is even more tragic. Patients with disabilities
have a basic right to have an essential support person to comfort them
and assist in conveying their wishes to attending medical staff. The
current policy instituted during the Covid-19 pandemic is a direct
violation of the Patients Bill of Rights. Therefore, it is necessary
that the policy of allowing for the presence of an essential support
person for persons with disabilities be enshrined in New York State law.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.