Title PBH, Public Health

§ 2994-ll. Instruction to identified caregiver. 1. As soon as possible\nand not later than twenty-four hours prior to a patient's discharge from\na hospital, the hospital shall consult with the identified caregiver\nalong with the patient regarding the caregiver's capabilities a…

§ 2994-m. Ethics review committees. 1. Establishment of an ethics\nreview committee, written policy. Each hospital shall establish at least\none ethics review committee or participate in an ethics review committee\nthat serves more than one hospital, and shall adopt a written po…

§ 2994-mm. Effect on other rights. 1. Nothing in this article shall be\nconstrued to interfere with the rights of an agent operating under a\nvalid health care directive created under section twenty-nine hundred\neighty-two of this chapter.\n 2. Nothing in this article shall be …

§ 2994-n. Conscience objections. 1. Private hospitals. Nothing in this\narticle shall be construed to require a private hospital to honor a\nhealth care decision made pursuant to this article if:\n (a) The decision is contrary to a formally adopted policy of the\nhospital that i…

§ 2994-o. Immunity. 1. Ethics review committee. No person shall be\nsubject to criminal or civil liability, or be deemed to have engaged in\nunprofessional conduct, for acts performed reasonably and in good faith\npursuant to this article as a member of or as a consultant to an …

§ 2994-p. Liability for health care costs. Liability for the cost of\nhealth care provided to an adult patient pursuant to this article shall\nbe the same as if the health care were provided pursuant to the\npatient's decision. No person shall become liable for the cost of healt…

§ 2994-q. Effect on other rights. 1. Nothing in this article creates,\nexpands, diminishes, impairs, or supersedes any authority that an\nindividual may have under law to make or express decisions, wishes, or\ninstructions regarding health care on his or her own behalf, includin…

§ 2994-r. Special proceeding authorized; court orders; health care\nguardian for minor patient. 1. Special proceeding. Any person connected\nwith the case and any member of the hospital ethics review committee may\ncommence a special proceeding pursuant to article four of the ci…

§ 2994-s. Remedy. 1. Any hospital, attending practitioner that refuses\nto honor a health care decision by a surrogate made pursuant to this\narticle and in accord with the standards set forth in this article shall\nnot be entitled to compensation for treatment, services, or pro…

§ 2994-t. Regulations. 1. The commissioner shall establish such\nregulations as may be necessary to implement this article.\n 2. The commissioner, in consultation with the commissioners of the\noffice of mental health and the office for people with developmental\ndisabilities, s…

§ 2994-u. Rights to be publicized. The commissioner shall prepare a\nstatement summarizing the rights, duties, and requirements of this\narticle and shall require that a copy of such statement be furnished to\na patient or to the patient's surrogate, or to the parent or guardian…

§ 2995. Structure and definitions. 1. Structure. * (a) The department\nshall undertake an initiative for the purposes of increasing the\ninformation available to patients about health care providers and health\ncare plans, and improving the quality of health care in this state, …

§ 2995-a. Physician profiles. 1. The department shall collect the\nfollowing information and create individual profiles on licensees\nsubject to the authority of the office of professional medical conduct,\nin a format that shall be available for dissemination to the public:\n (…

§ 2995-b. Hospital report cards. 1. Collection. The department shall\ncollect the following hospital data for dissemination to inform consumer\ndecisionmaking via a statewide health information system:\n (a) Utilization and performance information to promote quality\nimprovement…

§ 2995-c. Health care plan and preferred provider organization data.\n1. Collection. The department shall collect for dissemination via a\nstatewide health information system, any health care plan and preferred\nprovider organization data collected for public dissemination pursu…

§ 2995-d. Further study of other health care practitioner data. The\ndepartment shall:\n 1. Identify the classes of health care practitioners licensed,\ncertified or registered pursuant to title eight of the education law,\nconcerning whom it would be feasible and useful to coll…

§ 2996. Study of physician credentialing. 1. The department shall\nexamine the feasibility of establishing a clearinghouse for\ncredentialing information to reduce the burden for physicians required\nto submit credentials to entities licensed and regulated by the state.\nAs part…

§ 2997. Patient privacy. 1. The department shall examine state laws\nprotecting the privacy of individual patient data, and determine the\nnecessity of supplementing existing protections.\n 2. The department shall examine federal initiatives protecting the\nprivacy of individual…

§ 2997-a. Public access. Nothing in this title shall abridge public\naccess to information currently available or permitted by any other\nprovision or rule of law. Nothing in this title shall not authorize the\ndisclosure of otherwise confidential information, except pursuant to…

§ 2997-b. Pamphlet of department programs. The commissioner shall\ndevelop and transmit to physicians in the state a pamphlet describing a\nvariety of department programs and initiatives, including but not\nlimited to smoking cessation programs, public health insurance programs,…

§ 2997-c. Palliative care patient information. 1. Definitions. As used\nin this section, the following terms shall have the following meanings,\nunless the context clearly requires otherwise:\n (a) "Appropriate" means consistent with applicable legal, health and\nprofessional st…

§ 2997-d. Hospital, nursing home, home care, special needs assisted\nliving residences and enhanced assisted living residences palliative\ncare support. 1. (a) "Palliative care" means health care treatment,\nincluding interdisciplinary end-of-life care, and consultation with\npa…

§ 2997-e. Provision of contact information relating to long term care.\nWhenever a health care provider or practitioner makes a recommendation\nregarding the necessity of long term care services or a referral for the\nreceipt of long term care services to a patient, the patient …

§ 2997-f. Provision of information relating to aging services.\nWhenever a hospital is discharging an individual aged sixty years of age\nor older, the hospital's discharge coordinator shall provide such\nindividual with a copy of the information provided to them pursuant to\nsu…

§ 2997-f-1. Provision of information relating to sudden unexpected\ndeath in epilepsy. 1. Any health care practitioner who is treating a\npatient diagnosed with epilepsy and at elevated risk for sudden\nunexpected death in epilepsy, who has primary responsibility for the\ntreatm…

§ 2997-g. Legislative intent. The legislature hereby finds and\ndeclares that it is in the public interest for health care facilities to\nimplement safe patient handling policies. There are many benefits that\ncan be derived from safe patient handling programs. Patients benefit\…

§ 2997-h. Definitions. For the purposes of this title:\n 1. "Health care facility" shall mean general hospitals, residential\nhealth care facilities, diagnostic and treatment centers, and clinics\nlicensed pursuant to article twenty-eight of this chapter, facilities\nwhich provi…

§ 2997-i. Safe patient handling workgroup. 1. The commissioner shall\nestablish a safe patient handling workgroup (referred to in this section\nas the "workgroup") within the department. The workgroup shall consist\nof, at the minimum, the commissioner or his or her designee; th…

§ 2997-j. Dissemination of best practices, examples of sample safe\npatient handling policies and other resources and tools. The\ncommissioner shall disseminate best practices, examples of sample safe\npatient handling policies, and other resources and tools to health care\nfaci…

§ 2997-k. Safe patient handling committees; programs. 1. On or before\nJanuary first, two thousand sixteen, each health care facility shall\nestablish a safe patient handling committee (referred to in this section\nas a "committee" except where the context clearly requires other…

§ 2997-l. Activities. The activities enumerated in section twenty-nine\nhundred ninety-seven-k of this title shall be undertaken consistent with\nsection twenty-eight hundred five-j of this chapter by a covered health\ncare provider and shall be deemed activities of such program…

§ 2998. Patient safety center. 1. There is established within the\ndepartment a patient safety center, referred to in this article as "the\ncenter".\n 2. The purpose of the center is to maximize patient safety, reduce\nmedical errors, and improve the quality of health care by im…

§ 2998-a. Information. 1. The center shall identify available\ninformation that is useful for maximizing patient safety, reducing\nmedical errors, and improving health care quality, including information\navailable from federal, state and local agencies. The center shall\nevalua…

§ 2998-b. Safety goals. 1. The center shall:\n (a) Promote the development and dissemination or regional and\nstatewide performance information, and efforts by health care\norganizations, health plans, health care providers and health care\nprofessionals to participate in volunt…

§ 2998-c. Best practices. 1. The center shall:\n (a) Review and promote research to assist health care providers and\nhealth plans in identifying systemic problems in health care leading to\nmedical errors or impairing patient safety or health care quality,\nidentifying appropri…

§ 2998-d. Voluntary and collaborative reporting system. The center, in\ncollaboration with health care providers, shall develop a voluntary and\ncollaborative reporting system, for the purposes of obtaining\ninformation useful for maximizing patient safety, reducing medical\nerr…

§ 2998-e. Reporting in office based surgery. 1. The commissioner may\nenter into agreements with accrediting agencies to require all\noffice-based surgical practices to conduct quality improvement and\nquality assurance activities and utilize certification by an appropriate\ncer…

§ 2998-f. Reporting of the health risk factors of excessive alcohol\nconsumption. The department, in collaboration with the office of\naddiction services and supports and health care providers, shall collect\ndata on and report the health risk factor of excessive alcohol\nconsum…

§ 2999. Contracting with private entities. The center may contract\nwith one or more private entities to undertake the duties delineated in\nthis title. Such entities shall remain subject to existing\nconfidentiality protections.\n

§ 2999-a. Public access. Nothing in this title shall abridge public\naccess to information currently available or permitted by any other\nprovision or rule of law. Nothing in this title shall authorize the\ndisclosure of otherwise confidential information, except pursuant to the…

§ 2999-aa. Antitrust provisions, state oversight. 1. In order to\npromote improved quality and efficiency of, and access to, health care\nservices and to promote improved clinical outcomes to the residents of\nNew York, it shall be the policy of the state to encourage, where\nap…

* § 2999-b. Legislative intent. It is the intent of the legislature to\npromote patient safety and the quality of care, as well as the cost\neffectiveness of such care, by convening providers and payers to develop\nclinical measures, and the metrics on which to measure provider\…

§ 2999-bb. Department authority. The department shall promulgate\nregulations to implement this article. Such regulations shall provide\nstandards for determining which proposed collaborations, integrations,\nmergers or acquisitions shall be covered by this article and the manne…

* § 2999-c. Definition. "Health care plan" shall have the same meaning\nset forth in subdivision four-e of section forty-nine hundred of this\nchapter.\n * NB Expired April 1, 2011\n

§ 2999-cc. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Distant site" means a site at which a telehealth provider is\nlocated while delivering health care services by means of telehealth.\nAny site within the United States o…

* § 2999-d. Commissioner's workgroup. 1. The commissioner shall,\nwithin ninety days of the effective date of this title, convene and\nchair, directly or through a designee or designees, a workgroup\nincluding but not necessarily limited to representatives of statewide\nand regi…

§ 2999-dd. Telehealth delivery of services. * 1. Health care services\ndelivered by means of telehealth shall be entitled to reimbursement\nunder section three hundred sixty-seven-u of the social services law on\nthe same basis, at the same rate, and to the same extent the equiv…

* § 2999-e. Demonstration projects. 1. Notwithstanding any\ninconsistent regulation of the department, the commissioner is\nauthorized and shall select up to five demonstration projects throughout\nthe state, pursuant to a competitive bid or request for proposal\nprocess, which …

§ 2999-ee. Increased application of telehealth. In order to increase\nthe application of telehealth in behavioral health, oral health,\nmaternity care, care management, services provided in emergency\ndepartments, and services provided to certain high-need populations to\nthe ex…

* § 2999-f. Authorizations. 1. The commissioner may contract with\nprojects and provide grants to support projects to the extent funds are\nappropriated for such purpose.\n 2. Upon the request of a sponsoring health plan, the commissioner may\nauthorize the participation of the …