Regulates the provision of observation services by general hospitals.
TITLE OF BILL: An act to amend the public health law, in relation to hospital observation services; and to repeal section 2805-u of the public health law relating thereto
PURPOSE: To ensure that hospitals have necessary flexibility to implement observational levels of care in accordance with Department of Health regulations consistent with federal Medicare requirements.
SUMMARY OF PROVISIONS: Section 1 adds a new § 2805-v to the Public Health Law, replacing § 2805-u, establishing standards for the provision of general hospital observation services. The changes made by this bill would:
* Provide greater flexibility to the Health Department in establishing regulations consistent with federal standards;
* Require that patient clinical needs be determined in a prompt fashion; and
* Require that hospitals develop and adopt policies and procedures for observation services.
Section 2 provides an immediate effective date and is deemed to have been in full force and effect on and after October 3, 2012.
JUSTIFICATION: Chapter 471 of 2012 (S. 7031-A/A.10518-A) added a new section to the Public Health Law establishing standards for the provision of hospital observation services consistent with federal Medicare requirements. This bill would make certain amendments to those provisions reflecting recommendations by the Department of Health (DOH) as discussed in Governor's Approval Memo 17 of 2012. These amendments improve the underlying chapter allowing hospital flexibility in providing observation services, consistent with federal standards, while maintaining appropriate Department of Health oversight.
PRIOR LEGISLATIVE HISTORY: S. 7031-A/A.10518-A was signed into law as Chapter 471 of 2012 with. the understanding that certain amendments would be adopted to address Department of Health concerns (see Approval Memo 17 of 2012).
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately, deemed to have been in full force and effect on and after October 3, 2012.
STATE OF NEW YORK ________________________________________________________________________ 2079 2013-2014 Regular Sessions IN SENATE January 10, 2013 ___________Introduced by Sen. HANNON -- 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 hospital observa- tion services; and to repeal section 2805-u of the public health law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2805-u of the public health law, as added by chap- ter 471 of the laws of 2012, is REPEALED. S 2. The public health law is amended by adding a new section 2805-v to read as follows: S 2805-V. OBSERVATION SERVICES. 1. IF A GENERAL HOSPITAL PROVIDES OBSERVATION SERVICES, SUCH SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION, AND REGULATIONS ADOPTED BY THE COUNCIL AND APPROVED BY THE COMMISSIONER. 2. OBSERVATION SERVICES MAY BE PROVIDED FOR SUCH PERIOD OF TIME AS IS PERMITTED BY THE COMMISSIONER BY REGULATION. SUCH REGULATIONS SHALL BE CONSISTENT WITH FEDERAL POLICIES FOR PROVIDING OBSERVATION SERVICES TO BENEFICIARIES, AS SET FORTH IN TITLE XVIII OF THE FEDERAL SOCIAL SECURI- TY ACT (MEDICARE), EXCEPT WHERE NECESSARY, IN THE DISCRETION OF THE COMMISSIONER, TO PROTECT AND PROMOTE PATIENT CARE AND SAFETY. 3. BASED ON THE CLINICAL NEEDS OF THE PATIENT, WHICH SHALL BE DETER- MINED IN PROMPT FASHION BY APPROPRIATE STAFF, AND THE AVAILABILITY OF SERVICES TO MEET THOSE NEEDS AND PATIENT SAFETY, A GENERAL HOSPITAL SHALL DETERMINE (A) THE PROPER CLINICAL LOCATION FOR THE CARE OF A SPECIFIC PATIENT REQUIRING OBSERVATION SERVICES, INCLUDING WHETHER OR NOT TO PROVIDE SUCH SERVICES IN A DISTINCT PHYSICAL SPACE, AND (B) THE APPROPRIATE OVERSIGHT OF OBSERVATION SERVICES. 4. EVERY GENERAL HOSPITAL PROVIDING OBSERVATION SERVICES SHALL DEVELOP AND ADOPT POLICIES AND PROCEDURES FOR OBSERVATION SERVICES, INCLUDING: (A) ASSIGNMENT OF A PROVIDER WHO WILL BE RESPONSIBLE FOR THE CARE OF THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04593-01-3 S. 2079 2
PATIENT AND TIMELY DISCHARGE FROM OBSERVATION SERVICES; (B) CLINICAL CRITERIA FOR OBSERVATION ASSIGNMENT AND DISCHARGE; AND (C) INTEGRATION WITH QUALITY ASSURANCE ACTIVITIES OF THE HOSPITAL. 5. THE COMMISSIONER SHALL DEVELOP OUTPATIENT RATES FOR OBSERVATION SERVICES PROVIDED IN ACCORDANCE WITH THIS SECTION TO PATIENTS ELIGIBLE FOR PAYMENTS MADE BY STATE GOVERNMENTAL ENTITIES. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after October 3, 2012.