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S01035 Summary:

BILL NOS01035A
 
SAME ASSAME AS A04685-A
 
SPONSORADDABBO
 
COSPNSRBIAGGI, BORRELLO, BROUK, FELDER, GALLIVAN, GIANARIS, GOUNARDES, HINCHEY, JACKSON, LIU, MANNION, MARTUCCI, MYRIE, PALUMBO, PERSAUD, RAMOS, RATH, REICHLIN-MELNICK, RIVERA, SANDERS, STAVISKY, TEDISCO, WEIK
 
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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S01035 Actions:

BILL NOS01035A
 
01/06/2021REFERRED TO DISABILITIES
02/01/2021AMEND (T) AND RECOMMIT TO DISABILITIES
02/01/2021PRINT NUMBER 1035A
04/27/20211ST REPORT CAL.809
04/28/20212ND REPORT CAL.
05/03/2021ADVANCED TO THIRD READING
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S01035 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1035--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sens.  ADDABBO,  BORRELLO,  BROUK,  GALLIVAN,  GIANARIS,
          GOUNARDES, JACKSON, LIU, MARTUCCI, PALUMBO, PERSAUD, RAMOS,  REICHLIN-
          MELNICK,  RIVERA,  SANDERS, TEDISCO -- read twice and ordered printed,
          and when printed to be committed to the Committee on  Disabilities  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06482-03-1

        S. 1035--A                          2
 
     1    (b)  An  individual  with a disability shall be allowed to designate a
     2  single primary essential support  person  to  assist  with  medical  and
     3  everyday  needs during hospitalization and such essential support person
     4  shall be limited to such individual's parent, spouse or caretaker.
     5    § 2. This act shall take effect immediately.
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