NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9135
SPONSOR: Galef TITLE OF BILL:
An act to amend the public health law, in relation to ordering services
where the identified caregivers being unwilling or unable to give proper
care
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to expand Chapter 617 of the Laws of
2019 by requiring hospitals to order services upon discharge when the
identified caregiver is unwilling or unable to give proper care.
SUMMARY OF PROVISIONS:
Section 1. Repeals Subdivision 4 of section 2994-11 of the Public Health
Law (as proposed in S.474 and A.212 of 2019).
Section 2. Amends Subdivision 1 of section 2994-11 of the Public Health
Law by adding the following language: In the event that the identified
caregiver is unwilling or unable to confidently provide proper care, the
hospital shall assess whether other services, including but not limited
to home care services, are needed and, if necessary, order such
services.
Section 3. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This section is not applicable at this time.
JUSTIFICATION:
This legislation is a chapter amendment to Chapter 617 of the Laws of
2019, which required hospitals to consult with designated caregivers
before discharging patients with a central venous line. This consulta-
tion was to ensure that the caregiver is able to provide proper central
venous line care upon discharge, and if not, require the hospitals order
additional services.This bill would expand this type of evaluation and
ordering of services to include all situations where there is a desig-
nated caregiver providing continuing care after a patient is discharged
from a hospital. This will help to ensure that patients continue to
receive proper medical care after they leave a hospital.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no associated fiscal implications to our state or local
governments.
EFFECTIVE DATE:
This act shall effect on the same date and in the same manner as a chap-
ter of the laws of 2019, amending the public health law relating to
central venous lines, as proposed in legislative bill numbers S.474 and
A.212, takes effect.
STATE OF NEW YORK
________________________________________________________________________
9135
IN ASSEMBLY
January 22, 2020
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to ordering services
where the identified caregivers being unwilling or unable to give
proper care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 2994-ll of the public health law,
2 as added by a chapter of the laws of 2019, amending the public health
3 law relating to central venous lines, as proposed in legislative bill
4 numbers S. 474 and A. 212, is REPEALED.
5 § 2. Subdivision 1 of section 2994-ll of the public health law, as
6 added by chapter 391 of the laws of 2015, is amended to read as follows:
7 1. As soon as possible and not later than twenty-four hours prior to a
8 patient's discharge from a hospital, the hospital shall consult with the
9 identified caregiver along with the patient regarding the caregiver's
10 capabilities and limitations and issue a discharge plan that describes a
11 patient's after-care needs at his or her residence. In the event the
12 hospital is unable to contact the designated caregiver, the lack of
13 contact shall not interfere with, delay, or otherwise affect the medical
14 care provided to the patient or an appropriate discharge of the patient.
15 In the event that the identified caregiver is unwilling or unable to
16 confidently provide proper care, the hospital shall assess whether other
17 services, including but not limited to home care services, are needed
18 and, if necessary, order such services. The hospital shall promptly
19 document the attempt in the patient's medical record. At minimum, a
20 discharge plan shall include:
21 (a) the name and contact information of the caregiver identified under
22 this article;
23 (b) a description of all after-care tasks recommended by the discharg-
24 ing physician, taking into account the capabilities and limitations of
25 the caregiver; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00254-02-0
A. 9135 2
1 (c) contact information for health care, community resources, and
2 long-term services and supports necessary to successfully carry out the
3 patient's discharge plan.
4 § 3. This act shall take effect on the same date and in the same
5 manner as a chapter of the laws of 2019, amending the public health law
6 relating to central venous lines, as proposed in legislative bill
7 numbers S. 474 and A. 212, takes effect.
