Zinerman, Rodriguez, Griffin, Rajkumar, Simon, Rosenthal L
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.
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.
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
