A09135 Summary:

BILL NOA09135
 
SAME ASSAME AS S07185
 
SPONSORGalef
 
COSPNSR
 
MLTSPNSR
 
Rpld 2994-ll sub 4, amd 2994-ll, Pub Health L (as proposed in S.474 & A.212)
 
Requires hospitals to order services where the identified caregivers being unwilling or unable to give proper care.
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A09135 Actions:

BILL NOA09135
 
01/22/2020referred to health
01/28/2020reported
01/30/2020advanced to third reading cal.388
02/11/2020substituted by s7185
 S07185 AMEND= CARLUCCI
 01/10/2020REFERRED TO RULES
 01/13/2020ORDERED TO THIRD READING CAL.109
 02/05/2020PASSED SENATE
 02/05/2020DELIVERED TO ASSEMBLY
 02/05/2020referred to health
 02/11/2020substituted for a9135
 02/11/2020ordered to third reading cal.388
 02/11/2020passed assembly
 02/11/2020returned to senate
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A09135 Memo:

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.
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A09135 Text:



 
                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.
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