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A04685 Summary:

BILL NOA04685A
 
SAME ASSAME AS S01035-A
 
SPONSORPheffer Amato
 
COSPNSR
 
MLTSPNSR
 
Add §2828, Pub Health L
 
Prohibits general hospitals from disallowing individuals with disabilities from having an essential support person accompany them for the duration of their hospitalization in response to a pandemic or state disaster emergency.
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A04685 Actions:

BILL NOA04685A
 
02/04/2021referred to people with disabilities
03/01/2021amend (t) and recommit to people with disabilities
03/01/2021print number 4685a
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A04685 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4685A
 
SPONSOR: Pheffer Amato
  TITLE OF BILL: An act to amend the public health law, in relation to prohibiting gener- al hospitals from disallowing individuals with disabilities from having an essential support person accompany them for the duration of their hospitalization   PURPOSE: To prohibit general hospitals from disallowing individuals with disabil- ities from having an essential support person accompany the patient for the duration of their hospitalization.   SUMMARY OF PROVISIONS: Section 1 amends the public health law by adding a new section 2828 to allow for support persons for individuals with disabilities during a state of emergency. -Subsection a defines the term disability for the purpose of this section as an individual having any condition or disorder that makes it difficult for an individual to communicate a medical condition or certain or everyday needs, including but not limited to autism or cere- bral palsy. -Subsection b defines essential support person as an individual who frequently accompanies and assists the individual with the disability, Section 2 outlines a - that a general hospital may not establish any rules or regulations in a response to a pandemic or state disaster emer- gency declared by the governor, to prohibit a patient who suffers from a disability from having an essential support person present for the dura- tion of their hospitalization and b - states that an individual with a disability be allowed to designate a single support person to assist with medical and everyday needs, and that such essential support person shall be limited to the patient's parent, spouse or caretaker. Section 2 is the effective date.   JUSTIFICATION: On March 27, 2020, at the beginning of the COVID-19 pandemic, John and Maria D'Amico took their son Fred, who was an adult with autism, to Good Samaritan Hospital on Long Island with a fever. The D'Amico's were subsequently denied the right to stay with their son, who was admitted to the hospital. For several days, the D'Amicos called the hospital to inquire about their son's medical condition, and were given no informa- tion their calls to the hospital were not returned from the medical staff. On March 31, the D'Amicos were told their son had passed away. The D'Amicos are devastated that although their son was unable to speak or advocate for himself in any way, he was unable to have his parents, who were his life-long caretakers and advocates, with him during his medical care and when he passed away. In addition, there have been countless reports of individuals presenting at hospitals during the COVID-19 pandemic whereby a family member is unable to accompany the patient into the hospital, and tragically, thou- sands of patients have suffered and passed away alone. In the case of an individual with a disability such as autism or other disability where they are unable to communicate their wishes or understand their medical treatment, the situation is even more tragic. Patients with disabilities have a basic right to have an essential support person to comfort them and assist in conveying their wishes to attending medical staff. The current policy instituted during the Covid-19 pandemic is a direct violation of the Patients Bill of Rights. Therefore, it is necessary that the policy of allowing for the presence of an essential support person for persons with disabilities be enshrined in New York State law.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A04685 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4685--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on People with Disabilities --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the public health law, in relation to prohibiting gener-
          al hospitals  from  disallowing  individuals  with  disabilities  from
          having  an essential support person accompany them for the duration of
          their hospitalization
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  2828 to read as follows:
     3    § 2828. Essential support persons allowed for individuals  with  disa-
     4  bilities  during a state of emergency.  1. For purposes of this section,
     5  the following terms shall have the following meanings:
     6    (a) "Disability" shall mean any condition or disorder  which  prevents
     7  or  makes  difficult  for  an  individual  the  ability to communicate a
     8  medical condition or certain specific medical or everyday needs, includ-
     9  ing, but not limited to, autism or cerebral palsy.
    10    (b) "Essential support person" shall mean an individual who frequently
    11  accompanies and assists an individual with a  disability  with  managing
    12  and  communicating  basic  or medical needs and is considered a critical
    13  member of such individual's health care team.
    14    2. (a) No general hospital shall establish any rules or regulations in
    15  response to a pandemic or  state  disaster  emergency  declared  by  the
    16  governor,  prohibiting  a  patient  who  suffers  from a disability from
    17  having access to an essential support person for the duration  of  their
    18  hospitalization from intake to discharge.
    19    (b)  An  individual  with a disability shall be allowed to designate a
    20  single primary essential support  person  to  assist  with  medical  and
    21  everyday  needs during hospitalization and such essential support person
    22  shall be limited to such individual's parent, spouse or caretaker.
    23    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06482-04-1
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