§ 2805-w. Patient notice of observation services. 1. Every general
hospital shall provide patients who are placed into observation services
by such general hospital with an oral and written notice within
twenty-four hours of such placement that the patient is not admitted to
the hospital and is under observation status. Such written notice shall
be signed by the patient or the patient's legal representative to
acknowledge receipt and shall include, but not be limited to, the
following information:

(a) a statement that observation status may affect the patient's
Medicare, Medicaid and/or private insurance coverage for the current
hospital services, including medications and other pharmaceutical
supplies, as well as coverage for any subsequent discharge to a skilled
nursing facility or home and community based care; and

(b) that the patient should contact his or her insurance plan to
better understand the implications of being placed in observation
status.

2. The commissioner shall develop and make available guidance on the
notice as described in this section.