Establishes hospital-sponsored off campus emergency departments as a "hospital" and sets out specific standards for operations, staffing and capacity requirements.
TITLE OF BILL: An act to amend the public health law, in relation to hospital-sponsored off campus emergency departments
To require a full certificate of need review for the downgrading of a full-time emergency department to part-time status.
SUMMARY OF PROVISIONS:
Ensures that any application to reduce services at a full-time emergency department to part-time status requires a full certificate of need review and approval by the Public Health and Health Planning Council. Such approval shall only be made upon finding that local special circumstances necessitate part-time operation and with consideration for the quality and accessibility of emergency care and the public interest.
There are presently two applications from hospitals in New York - with the prospect of more in the future - to downgrade full-time emergency departments to part-time status. Given the unique and unprecedented nature of these requests, a full certificate of need review is appropriate.
This act shall take effect immediately and shall be deemed to have been in full force and effect on and after January 1, 2014.
STATE OF NEW YORK ________________________________________________________________________ 6561 IN SENATE February 6, 2014 ___________Introduced by Sen. LARKIN -- 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-sponsored off campus emergency departments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 2801 of the public health law, as separately amended by chapters 297 and 416 of the laws of 1983, is amended to read as follows: 1. "Hospital" means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a gener- al hospital, HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT, public health center, diagnostic center, treatment center, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospi- tal, chronic disease hospital, maternity hospital, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. The provisions of this article shall not apply to a facility or institution engaged principally in providing services by or under the supervision of the bona fide members and adherents of a recognized religious organization whose teachings include reliance on spiritual means through prayer alone for healing in the practice of the religion of such organization and where services are provided in accordance with those teachings.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13794-02-4 S. 6561 2
S 2. Section 2801 of the public health law is amended by adding a new subdivision 11 to read as follows: 11. "HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT" MEANS AN EMERGENCY DEPARTMENT THAT IS OWNED BY A GENERAL HOSPITAL AND GEOGRAPH- ICALLY REMOVED FROM THE GENERAL HOSPITAL'S INPATIENT CAMPUS. S 3. The public health law is amended by adding a new section 2802-b to read as follows: S 2802-B. EMERGENCY DEPARTMENTS AND HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENTS. 1. A HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT SHALL GENERALLY OPERATE TWENTY-FOUR HOURS PER DAY, SEVEN DAYS PER WEEK. HOWEVER, UPON APPLICATION AND APPROVAL UNDER SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE, INCLUDING APPROVAL BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, PART-TIME OPERATION AT A MINIMUM OF TWELVE HOURS PER DAY MAY BE ALLOWED FOR A HOSPITAL-SPON- SORED OFF CAMPUS EMERGENCY DEPARTMENT. SUCH APPROVAL SHALL ONLY BE MADE UPON A FINDING THAT LOCAL SPECIAL CIRCUMSTANCES NECESSITATE PART-TIME OPERATION AND WITH CONSIDERATION FOR THE QUALITY AND ACCESSIBILITY OF EMERGENCY CARE AND THE PUBLIC INTEREST. 2. A HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT SHALL BE SUBJECT TO THE SAME STANDARDS AND REQUIREMENTS AS A GENERAL HOSPITAL-BASED EMERGENCY DEPARTMENT WITH REGARD TO MINIMUM TRAINING OF PROVIDERS, STAFFING, SERVICES AND CAPACITY TO STABILIZE, AND TREAT AS APPROPRIATE, ALL PATIENTS PRESENTING FOR TREATMENT WITHOUT REGARD FOR THEIR ABILITY TO PAY IN ACCORDANCE WITH FEDERAL LAW AND RULES. A HOSPI- TAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT SHALL HAVE CAPACITY FOR RECEIVING GROUND AMBULANCE PATIENTS AND SHALL ESTABLISH TRANSFER PROTO- COLS WITH LOCAL EMERGENCY MEDICAL SERVICE PROVIDERS AND GENERAL HOSPI- TAL-BASED EMERGENCY DEPARTMENTS TO ENSURE TIMELY TRANSFER OF PATIENTS REQUIRING A HIGHER LEVEL OF CARE. S 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after January 1, 2014.