S7031-2011 - NY Senate Open Legislation - Provides for the nonemergent care of nonadmitted patients in hospitals

Provides for the nonemergent care of nonadmitted patients in hospitals.

Sponsor: HANNON / Committee: WAYS AND MEANS
Law Section: Public Health Law / Law: Amd S2805-b, Pub Health L

S7031-2011 Actions

Jun 19, 2012: SUBSTITUTED BY A10518A
Jun 13, 2012: AMENDED ON THIRD READING (T) 7031A
Jun 13, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
Jun 13, 2012: returned to senate
Jun 13, 2012: RECALLED FROM ASSEMBLY
Jun 5, 2012: referred to ways and means
Jun 5, 2012: DELIVERED TO ASSEMBLY
Jun 5, 2012: PASSED SENATE
May 21, 2012: ADVANCED TO THIRD READING
May 16, 2012: 2ND REPORT CAL.
May 15, 2012: 1ST REPORT CAL.819
Apr 24, 2012: REFERRED TO HEALTH

S7031-2011 Meetings

Health: May 15, 2012

S7031-2011 Calendars

Active List: Jun 5, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012

S7031-2011 Votes

VOTE: COMMITTEE VOTE: - Health - May 15, 2012

Ayes (12): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Montgomery, Rivera, Smith
Ayes W/R (5): Duane, Adams, Gianaris, Stewart-Cousins, Peralta

VOTE: FLOOR VOTE: - Jun 5, 2012

Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Farley, Huntley, Smith

S7031-2011 Memo

BILL NUMBER:S7031

TITLE OF BILL:
An act to amend the public health law, in relation to non-emergent
treatment in hospitals of nonadmitted patients

PURPOSE OR GENERAL IDEA OF BILL:
This bill would ensure that hospitals have the maximum flexibility
necessary to successfully implement observational levels of care in New
York State while abiding by federal requirements.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the section heading of section 2805-b of
the public health law.

Section 2 of the bill adds a new subdivision 6 of section 2805-b of the
public health law which requires the commissioner of health, when issu-
ing rules or regulations concerning "observational units," to ensure
they conform with federal Medicare rules and provided sufficient flexi-
bility to allow hospitals to successfully implement new requirements.

Section 3 of the bill provides for an effective date.

JUSTIFICATION:
The federal government requires that hospitals make a distinction
between admitting a patient and observing a patient to further evaluate
the patient's condition and need for an admission. The federal Centers
for Medicare and Medicaid Services (CMS) are auditing hospitals to
enforce these provisions, and the New York State Department of Health
has established regulations on Observation Unit Operating Standards
effective January 11, 2012. There has been concern expressed that the
State Regulations may impose restrictions on hospitals that go beyond
those of the federal government and could result in unnecessary costs
and disruption of care and treatment patterns of some hospitals. For
example, the regulations require that observations beds be under the
Emergency Department and a discrete unit. Depending on a hospital's
physical plan, this could require capital construction and many hospi-
tals prefer to scatter observation beds among clinical specialties to
better monitor patients - rather than have them remain under the juris-
diction of the Emergency Department. Additionally, the maximum stay in
an observation unit should be extended from 24 to 48 hours as provided
for in the federal regulations.

This bill will provide hospitals with the flexibility they need to abide
by the federal requirements when establishing and operating "observation
units" by clarifying how these regulations should be implemented.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
Immediately.

S7031-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          7031
 I N  SENATE
 April 24, 2012
 
 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  non-emergent
 treatment in hospitals of nonadmitted patients
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The section heading of section 2805-b of the public  health
 law,  as  amended by chapter 787 of the laws of 1983, is amended to read
 as follows:

 Admission of patients, and emergency  AND  NON-EMERGENT  treatment  of
 nonadmitted patients.
 

S  2. 

Section  2805-b of the public health law is amended by adding a
 new subdivision 6 to read as follows:

 6. IN ANY IMPLEMENTATION OF PROVISIONS FOR  AN  OBSERVATION  LEVEL  OF
 CARE, THE COMMISSIONER SHALL:

 (A)  ALLOW FOR THE PROVISION OF OBSERVATION CARE FOR A PERIOD OF UP TO
 FORTY-EIGHT HOURS FROM THE TIME  THE  PHYSICIAN  ORDER  FOR  OBSERVATION
 SERVICES IS ISSUED;
 (B) ALLOW A GENERAL HOSPITAL TO DETERMINE THE PROPER CLINICAL AREA AND
 LOCATION  FOR  THE CARE OF A SPECIFIC PATIENT REQUIRING OBSERVATION CARE
 BASED ON THE NEEDS OF THE PATIENT AND THE AVAILABILITY  OF  SERVICES  TO
 MEET THOSE NEEDS;
 (C) ALLOW A GENERAL HOSPITAL TO DETERMINE WHETHER IT WILL PROVIDE SUCH
 CARE IN A DISTINCT PHYSICAL SPACE; AND
 (D) PROVIDE MEDICAL ASSISTANCE COVERAGE FOR OBSERVATION CARE.
 

S 3. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15412-01-2

S7031-2011: Provides for the nonemergent care of nonadmitted patients in hospitals