Title PBH, Public Health

* § 2803-w. Independent quality monitors for residential health care\nfacilities. The department may require a residential health care\nfacility to contract with an independent quality monitor selected, and\non reasonable terms determined, by the department, pursuant to a\nselec…

* § 2803-w. Disclosure of information concerning pregnancy\ncomplications. Every hospital offering maternity or women's wellness\nservices shall provide the information developed pursuant to\nsubdivisions two and four of section two hundred sixty-six of this\nchapter, as added b…

§ 2803-x. Requirements related to nursing homes and related assets and\noperations. 1. The operator of a nursing home shall notify the\ncommissioner of any common or familial ownership of any corporation,\nother entity or individual providing services to the operator or the\nfac…

§ 2803-y. Provision of residency agreement. The operator of a\nresidential health care facility shall provide to prospective residents\nwho inquire about admission, and post on its website, a copy of the\nfacility's entire approved residency agreement, including the\nnon-governm…

* § 2803-z. Transfer, discharge and voluntary discharge requirements\nfor residential health care facilities. 1. (a) No residential health\ncare facility shall transfer or discharge a resident unless such\ntransfer or discharge is necessary for the resident's health, safety, or\…

* § 2803-z. Antimicrobial resistance prevention and education. 1.\nEvery general hospital and nursing home shall comply with and meet all\napplicable requirements of the federal Medicare and Medicaid conditions\nof participation for antimicrobial stewardship programs in health c…

§ 2804. Units for hospital and health-related affairs. 1. The\ncommissioner shall establish within the department a unit for hospital\naffairs to assist him in carrying out the provisions of this article.\n 2. The commissioner shall establish within the department a unit to\nass…

* § 2804-a. State task force on clinical practice guidelines and\nmedical technology assessment.\n 1. A state task force is hereby created on clinical practice\nguidelines and medical technology assessment which shall consist of\nsixteen members. At least half of the membership …

§ 2805. Approval of hospitals; operating certificates. 1. No hospital\nshall be operated unless it shall: (a) possess a valid operating\ncertificate issued pursuant to this article, which certificate may\nspecify the kind or kinds of hospital services the facility is\nauthorized…

§ 2805-a. Disclosure of financial transactions. 1. Every general\nhospital operating under the provisions of this article shall file with\nthe commissioner of health within one hundred twenty days after the end\nof its fiscal year a certified report showing its financial conditi…

* § 2805-b. Admission of patients and emergency treatment of\nnonadmitted patients. 1. For purposes of this section, the following\nterms shall have the following meanings:\n (a) "Emergency medical condition" shall mean:\n (i) a medical condition manifesting itself by acute symp…

§ 2805-c. Every private proprietary nursing home having a capacity of\neighty patients or more may have a licensed medical doctor in\nattendance, upon the premises, for the care and treatment of patients.\n

§ 2805-d. Limitation of medical, dental or podiatric malpractice\naction based on lack of informed consent. 1. Lack of informed consent\nmeans the failure of the person providing the professional treatment or\ndiagnosis to disclose to the patient such alternatives thereto and th…

§ 2805-e. Reports of residential health care facilities. 1. Every\nresidential health care facility operating under the provisions of this\narticle shall, within one hundred twenty days after the end of its\nfiscal year, file an annual report with the commissioner of health. Sai…

§ 2805-f. Money deposited or advanced for admittance to nursing homes;\nwaiver void; administration expenses. 1. Whenever money shall be\ndeposited or advanced on a contract or license agreement for admittance\nto a nursing home as security for performance of the contract or\nag…

§ 2805-g. Maintenance of records. 1. Every hospital shall maintain,\nas public information available for public inspection under such\nconditions as the commissioner shall prescribe, records containing\ncopies of all inspection reports pertaining to the facility that have\nbeen …

§ 2805-h. Immunizations. 1. Immunizations against poliomyelitis,\nmumps, measles, diphtheria and rubella. (a) It shall be the duty of the\nadministrative officer or other person in charge of each hospital to\ninquire of each person in its care under the age of eighteen, or of a\…

§ 2805-i. Treatment of sexual offense victims and maintenance of\nevidence in a sexual offense. 1. Every hospital providing treatment to\nalleged victims of a sexual offense shall be responsible for:\n * (a) maintaining sexual offense evidence and the chain of custody as\nprovid…

§ 2805-j. Medical, dental and podiatric malpractice prevention\nprogram. 1. Every hospital shall maintain a coordinated program for the\nidentification and prevention of medical, dental and podiatric\nmalpractice. Such program shall include at least the following:\n (a) The esta…

§ 2805-k. Investigations prior to granting or renewing privileges. 1.\nPrior to granting or renewing professional privileges or association of\nany physician, dentist or podiatrist or hiring a physician, dentist or\npodiatrist, a hospital or facility approved pursuant to this ar…

§ 2805-l. Adverse event reporting. 1. (a) All hospitals shall be\nrequired to report events described by subdivision two of this section\nto the department in a manner and within time periods as may be\nspecified by regulation of the department.\n (b) For purposes of this sectio…

§ 2805-m. Confidentiality. 1. The information required to be collected\nand maintained pursuant to sections twenty-eight hundred five-j and\ntwenty-eight hundred five-k of this article, reports required to be\nsubmitted pursuant to section twenty-eight hundred five-l of this\nar…

§ 2805-n. Child abuse prevention. All hospitals shall: (i) develop,\nmaintain and disseminate written policies and procedures pursuant to\ntitle six of article six of the social services law and applicable\nprovisions of article ten of the family court act, regarding the\nmandat…

§ 2805-o. Identification of veterans and their spouses by nursing\nhomes, residential health care facilities, and adult care facilities. 1.\nEvery nursing home and residential health care facility as defined in\nsubdivisions two and three of section two thousand eight hundred on…

§ 2805-p. Emergency treatment of rape survivors. 1. As used in this\nsection:\n (a) "Emergency contraception" shall mean one or more prescription\ndrugs used separately or in combination to be administered or\nself-administered by a patient to prevent pregnancy within a medicall…

§ 2805-q. Hospital visitation by domestic partner. 1. No domestic\npartner or surrogate as defined by subdivision twenty-nine of section\ntwenty-nine hundred ninety-four-a of this chapter shall be denied any\nrights of visitation of his or her domestic partner or of the patient …

§ 2805-r. Patients unable to verbally communicate. 1. The department\nshall make regulations concerning the treatment of general hospital\npatients who are unable to verbally communicate, for whatever reason,\nwith a health care practitioner or aide.\n 2. Such regulations shall …

§ 2805-s. Circulating nurse required. A registered nurse, qualified by\ntraining and experience in operating room nursing, shall be present as a\ncirculating nurse in any and each separate operating room where surgery\nis being performed for the duration of the operative procedu…

§ 2805-t. Clinical staffing committees and disclosure of nursing\nquality indicators. 1. Legislative intent. The legislature hereby finds\nand declares:\n (a) Research demonstrates that nurses play a critical role in\nimproving patient safety and quality of care;\n (b) Appropria…

§ 2805-u. Credentialing and privileging of health care practitioners\nproviding telemedicine services. 1. For purposes of this section:\n (a) "Distant site hospital" means a hospital licensed pursuant to this\narticle or a hospital licensed by another state, that has entered int…

§ 2805-v. Observation services. 1. If a general hospital provides\nobservation services, such services shall be provided in accordance with\nthis section, and regulations adopted by the council and approved by the\ncommissioner.\n 2. Observation services may be provided for such…

§ 2805-w. Patient notice of observation services. 1. Every general\nhospital shall provide patients who are placed into observation services\nby such general hospital with an oral and written notice within\ntwenty-four hours of such placement that the patient is not admitted to\…

§ 2805-x. Hospital-home care-physician collaboration program. 1. The\npurpose of this section shall be to facilitate innovation in hospital,\nhome care agency and physician collaboration in meeting the community's\nhealth care needs. It shall provide a framework to support volun…

§ 2805-y. Identification and assessment of human trafficking victims.\n1. As used in this section:\n (a) "human trafficking victim" shall have the meaning set forth in\nsection four hundred eighty-three-aa of the social services law;\n (b) "subject facility" shall mean a general…

§ 2805-z. Hospital domestic violence policies and procedures. 1. Every\ngeneral hospital shall: (a) develop, maintain and disseminate written\npolicies and procedures for the identification, assessment, treatment\nand referral of confirmed or suspected cases of domestic violence…

§ 2806. Hospital operating certificates; suspension or revocation. 1.\nA hospital operating certificate may be revoked, suspended, limited or\nannulled by the commissioner on proof that: (a) the hospital has failed\nto comply with the provisions of this article or rules and regu…

* § 2806-a. Temporary operator. 1. For the purposes of this section:\n (a) "adult care facility" shall mean an adult home or enriched housing\nprogram licensed pursuant to article seven of the social services law or\nan assisted living residence licensed pursuant to article fort…

§ 2806-b. Residential health care facilities; revocation of operating\ncertificate. Upon a determination by the commissioner that there exist\noperational deficiencies in a residential health care facility which\nshow:\n (a) a condition or conditions in substantial violation of …

§ 2807. Hospital reimbursement provisions; generally. 1. Valid\noperating certificate requirement. No government agency and no\ncorporation organized and operating in accordance with article\nforty-three of the insurance law and no health maintenance organization\norganized and …

§ 2807-a. General hospital nineteen hundred eighty-six and nineteen\nhundred eighty-seven inpatient rates and charges.\n 1. For the rate period from January first, nineteen hundred eighty-six\nthrough December thirty-first, nineteen hundred eighty-six and for the\nrate period fr…

§ 2807-aa. Nurse loan repayment program. 1.(a) Monies shall be made\navailable, subject to appropriations, for purposes of loan repayment\nawards in accordance with the provisions of this section for registered\nprofessional nurses licensed to practice under section sixty-nine\n…

§ 2807-b. Outstanding payments and reports due under subdivision\neighteen of section twenty-eight hundred seven-c, sections twenty-eight\nhundred seven-d, twenty-eight hundred seven-j, twenty-eight hundred\nseven-s and twenty-eight hundred seven-t of this article. 1. If there i…

§ 2807-c. General hospital inpatient reimbursement for annual rate\nperiods beginning on or after January first, nineteen hundred\neighty-eight. 1. Payor payments. Payments to general hospitals for\ninpatient hospital services provided to persons who are not eligible for\npaymen…

§ 2807-d. Hospital assessments. 1. (a) Hospitals, as defined in this\narticle, excluding hospitals specified in paragraph (b) of this\nsubdivision, are charged assessments on their gross receipts received\nfrom all patient care services and other operating income, less personal\…

§ 2807-d-1. Hospital quality contributions. 1. Notwithstanding any\ncontrary provision of law and subject to the receipt of all necessary\nfederal approvals or waivers, for periods on and after July first, two\nthousand eleven, a quality contribution shall be imposed on the\ninp…

§ 2807-dd. Temporary nursing home stability contributions. 1.\nNotwithstanding any contrary provision of law and subject to the receipt\nof all necessary federal approvals or waivers, for periods on and after\nApril first, two thousand eleven, a temporary nursing home stability\…

§ 2807-e. Uniform bills. 1. Definitions. For the purposes of this\nsection, unless the context clearly requires otherwise:\n (a) "Ambulatory care services" shall mean ambulatory surgical\nservices, diagnostic and treatment services, emergency services,\nhospital outpatient servi…

§ 2807-f. Health maintenance organization payment factor. 1. For\npurposes of this section, the following terms shall have the following\nmeaning:\n (a) "HMO" shall mean a health maintenance organization operating in\naccordance with the provisions of article forty-four of this …

§ 2807-ff. New York managed care organization provider tax. 1. The\ncommissioner, subject to the approval of the director of the budget,\nshall: apply for a waiver or waivers of the broad-based and uniformity\nrequirements related to the establishment of a New York managed care\…

§ 2807-i. Service and quality improvement grants. 1. Grants to\nfacilitate cooperative ventures for sharing administrative, management\nand operational services. a. Notwithstanding any inconsistent provision\nof law to the contrary, within amounts available therefor, the\ncommis…