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A04072 Summary:

COSPNSRMosley, Rosenthal L, Epstein, Ortiz, Thiele, D'Urso, De La Rosa, Paulin, Reyes, Blake, Jean-Pierre, Taylor, Jaffee, Barron, Glick, Solages, Seawright, Hyndman, Fernandez, Dickens, Sayegh, Williams, Griffin
MLTSPNSRCook, Englebright, Galef, Miller ML
Add §2827, Pub Health L
Requires hospitals to offer plant-based food options to patients upon request.
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A04072 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to offering plant-based food options in hospitals   PURPOSE OR GENERAL IDEA OF BILL: To require that hospitals providing inpatient or residential care offer patients plant-based food options for every meal or snack.   SUMMARY OF PROVISIONS: Section 1 adds a new Public Health Law § 2827. Subdivision 1 requires hospitals providing inpatient or residential care (i.e., general hospi- tals and nursing homes) to offer patients a plant-based food option for every meal or snack, at the request of a patient or patient's lawful representative, at no additional cost to the patient. Subdivision 2 requires that the hospital respond in a reasonable manner and time to requests made under this section. The request shall be effective for every meal or snack the patient is reasonably expected to participate in. The bill does not preclude hospitals from offering plant-based food options to patients who do not request them, and it does not preclude patients who have requested a plant-based food option from selecting non-plantbased food options. Subdivision 3 is definitions. Subdivision 4 states that the requirements of this section do not apply to nutritional support products prescribed or ordered by a health care professional licensed, certified, or otherwise authorized to practice under title 8 of the education law, acting within the professional's lawful scope of practice. The health care professional shall consider a patient's request under subdivision 1, however, and advise whether a medically suitable plant-based option is reasonably available. Section 2 makes the bill take effect one year after it becomes law.   JUSTIFICATION: Plant-based diets (PBD) are those free of animal products such as meat, seafood, dairy, and eggs. In 2017, the American Medical Association adopted a resolution that calls on hospitals to improve patient health by "providing a variety of healthful food, including plant-based meals" (Healthy Food Options in Hospitals H-150.949). Doctors may recommend or order PBD for patients suffering from heart disease, obesity, diabetes, and other conditions, and patients may choose PBD for a variety of other reasons. Patients in inpatient or residential health care settings are a "captive :audience" dependent on the institution for their food. This bill will ensure that patients in inpatient or residential hospital settings have access to plant-based food options.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect one year after it shall become a law. Effec- tive immediately, the Commissioner of Health may make regulations and take other actions reasonably necessary to implement this act on that date.
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