reglab/housing_qa huggingface dataset:
NY Pub Health L § 2805-D (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-D - Limitation of Medical, Dental or Podiatric Malpractice Action Based on Lack of Informed Consent.

§  2805-d.  Limitation  of  medical,  dental  or podiatric malpractice action based on lack of informed consent. 1. Lack  of  informed  consent means  the failure of the person providing the professional treatment or diagnosis to disclose to the patient such alternatives thereto  and  the reasonably  foreseeable  risks  and  benefits  involved  as a reasonable medical, dental or podiatric practitioner  under  similar  circumstances would  have  disclosed,  in  a  manner  permitting the patient to make a knowledgeable evaluation.   2. The right of action to recover for  medical,  dental  or  podiatric malpractice  based  on  a  lack  of informed consent is limited to those cases  involving  either  (a)  non-emergency  treatment,  procedure   or surgery,  or  (b)  a  diagnostic  procedure  which  involved invasion or disruption of the integrity of the body.   3. For a cause of action therefor it must also be established  that  a reasonably  prudent  person  in  the  patient's  position would not have undergone the treatment or diagnosis if he had been fully  informed  and that  the lack of informed consent is a proximate cause of the injury or condition for which recovery is sought.   4. It shall be  a  defense  to  any  action  for  medical,  dental  or podiatric  malpractice  based  upon an alleged failure to obtain such an informed consent that:  (a)  the  risk  not  disclosed  is  too  commonly  known  to   warrant disclosure; or  (b)  the patient assured the medical, dental or podiatric practitioner he would undergo the treatment, procedure or diagnosis regardless of the risk involved, or the patient assured the medical, dental  or  podiatric practitioner that he did not want to be informed of the matters to which he would be entitled to be informed; or  (c)  consent  by  or  on  behalf  of  the  patient  was not reasonably possible; or  (d) the medical, dental or podiatric practitioner,  after  considering all of the attendant facts and circumstances, used reasonable discretion as  to  the  manner  and extent to which such alternatives or risks were disclosed to the patient because he reasonably believed that the  manner and  extent of such disclosure could reasonably be expected to adversely and substantially affect the patient's condition.
NY Pub Health L § 2805-G (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-G - Maintenance of Records.

§  2805-g.  Maintenance of records.  1. Every hospital shall maintain,   as  public  information  available  for  public  inspection  under  such   conditions  as  the  commissioner  shall  prescribe,  records containing   copies of all inspection reports pertaining to the  facility  that  have   been  filed  with  or  issued by any governmental agency. Copies of such   inspection reports shall be retained in said records for ten years  from   the date said reports are filed or issued.2.  The  office  of  the  commissioner and each regional office of the   department shall make available for public inspection and at  a  nominal   cost provide copies of all financial and inspection reports of hospitals   filed with or issued by the department.3.  Nothing  contained in this section shall be construed or deemed to   require the public disclosure of confidential medical, social,  personal   or  financial  records of any patient. The commissioner shall adopt such   regulations as may be necessary to give effect to the provisions of this   section and to preserve the confidentiality of medical, social, personal   or financial records of patients.
NY Pub Health L § 2805-N (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-N - Child Abuse Prevention.

§  2805-n.  Child abuse prevention.  All hospitals shall: (i) develop,   maintain and disseminate written policies  and  procedures  pursuant  to   title  six  of  article  six  of  the social services law and applicable   provisions of article  ten  of  the  family  court  act,  regarding  the   mandatory  reporting of child abuse or neglect, reporting procedures and   obligations of persons required to report, provisions for taking a child   into protective custody, mandatory reporting of  deaths,  immunity  from   liability,  penalties  for  failure  to  report  and obligations for the   provision of services and procedures necessary to safeguard the life  or   health  of  the  child;  and (ii) establish, and implement on an ongoing   basis, a training program for all current and  new  employees  regarding   the policies and procedures established pursuant to this section.
NY Pub Health L § 2805-P (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-P - Emergency Treatment of Rape Survivors.

§  2805-p.  Emergency  treatment of rape survivors. 1. As used in this section:  (a) "Emergency contraception" shall  mean  one  or  more  prescription drugs   used   separately  or  in  combination  to  be  administered  or self-administered by a patient to prevent pregnancy within  a  medically recommended  amount  of  time after sexual intercourse and dispensed for that purpose in accordance with professional standards of  practice  and determined by the United States Food and Drug Administration to be safe.  (b)  "Emergency  treatment"  shall  mean  any  medical  examination or treatment provided by a hospital to a rape survivor following an alleged rape.  (c) "Rape" shall mean any act defined in  section  130.25,  130.30  or 130.35 of the penal law.  (d)  "Rape  survivor"  or  "survivor" shall mean any female person who alleges or is alleged to have been raped and who presents as a patient.   2. Every hospital providing emergency treatment  to  a  rape  survivor shall promptly:  (a)  provide  such  survivor  with  written  information  prepared  or approved, pursuant to subdivision three of  this  section,  relating  to emergency contraception;  (b)  orally  inform  such  survivor  of  the availability of emergency contraception, its use and efficacy; and  (c)  provide  emergency  contraception  to   such   survivor,   unless contraindicated,  upon  her  request.  No  hospital  may  be required to provide emergency contraception to a rape survivor who is pregnant.   3. The commissioner shall develop, prepare and  produce  informational materials  relating  to  emergency contraception for distribution to and use in all hospitals in the state, in quantities  sufficient  to  comply with the requirements of this section. The commissioner may also approve informational  materials  from  medically  recognized  sources  for  the purposes of this section. Such informational material shall be in  clear and  concise  language,  readily  comprehensible,  in such varieties and forms as the commissioner shall deem necessary to  inform  survivors  in English  and  languages other than English. Such materials shall explain the nature of emergency contraception including its use and efficacy.   4. The commissioner shall promulgate all such rules and regulations as may be necessary and proper to implement the provisions of this section.
NY Pub Health L § 2805-Q (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-Q - Hospital Visitation by Domestic Partner.

§  2805-q.  Hospital  visitation by domestic partner.   1. No domestic partner or surrogate as defined by subdivision  twenty-nine  of  section twenty-nine  hundred  ninety-four-a  of this chapter shall be denied any rights of visitation of his or her domestic partner or of the patient or resident for whom he or she is  the  surrogate,  when  such  rights  are accorded  to  spouses  and  next-of-kin at any hospital, nursing home or health care facility.   2. For purposes of this  section  only,  "domestic  partner"  means  a person who, with respect to another person:  (a)  is  formally  a  party  in  a  domestic  partnership  or  similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local  or  foreign  jurisdiction,  or registered as the domestic partner of the other person with any registry maintained  by  the employer of either party or any state, municipality, or foreign jurisdiction; or  (b) is formally recognized as a beneficiary or  covered  person  under the other person's employment benefits or health insurance; or  (c)  is  dependent  or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating  a mutual  intent  to  be  domestic  partners including but not limited to: common ownership or joint leasing of real or personal  property;  common householding,  shared  income  or  shared  expenses; children in common; signs of intent to marry or become domestic partners under paragraph (a) or (b) of this subdivision; or the length of the  personal  relationship of the persons.   3.  Each party to a domestic partnership shall be considered to be the domestic partner of  the  other  party.  "Domestic  partner"  shall  not include a person who is related to the other person by blood in a manner that would bar marriage to the other person in New York state. "Domestic partner"  also  shall  not  include any person who is less than eighteen years of age or who is the adopted child of the other person or  who  is related  by  blood in a manner that would bar marriage in New York state to a person who is the lawful spouse of the other person.
NY Pub Health L § 2805-R (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-R - Patients Unable to Verbally Communicate.

§  2805-r.  Patients unable to verbally communicate. 1. The department   shall make regulations concerning  the  treatment  of  general  hospital   patients  who  are  unable to verbally communicate, for whatever reason,   with a health care practitioner or aide.2. Such regulations shall establish standards for a  patient  to  have   present  during  his  or  her  period  of  admission a parent, guardian,   representative or authorized helper to assist in the communication  with   health care personnel.3.  The standards established under this section shall be incorporated   into the statement of rights and responsibilities  adopted  pursuant  to   paragraph  (g)  of subdivision one of section twenty-eight hundred three   of this article.
NY Pub Health L § 2805-S (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-S - Circulating Nurse Required.

§ 2805-s. Circulating nurse required. A registered nurse, qualified by   training and experience in operating room nursing, shall be present as a   circulating  nurse in any and each separate operating room where surgery   is being performed for the duration of the operative procedure.  Nothing   in this section precludes a circulating nurse from leaving the operating   room  as part of the operative procedure, leaving the operating room for   short periods; or, in accordance with  employee  rules  or  regulations,   being  relieved  during  an  operative  procedure by another circulating   nurse assigned to continue the operative procedure.
NY Pub Health L § 2805-V (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-V - Observation Services.

§  2805-v.  Observation  services.  1.  If a general hospital provides   observation services, such services shall be provided in accordance with   this section, and regulations adopted by the council and approved by the   commissioner.2. Observation services may be provided for such period of time as  is   permitted  by  the commissioner by regulation. Such regulations shall be   consistent with federal policies for providing observation  services  to   beneficiaries,  as  set  forth  in  title  XVIII  of  the federal social   security act (medicare), except where necessary, in  the  discretion  of   the commissioner, to protect and promote patient care and safety.3.  Based  on  the  clinical  needs  of  the  patient,  which shall be   determined in prompt fashion by appropriate staff, and the  availability   of  services  to meet those needs and patient safety, a general hospital   shall determine (a) the proper clinical  location  for  the  care  of  a   specific  patient  requiring  observation services, including whether or   not to provide such services in a distinct physical space, and  (b)  the   appropriate oversight of observation services.4. Every general hospital providing observation services shall develop   and  adopt  policies and procedures for observation services, including:   (a) assignment of a provider who will be responsible for the care of the   patient and timely discharge from  observation  services;  (b)  clinical   criteria  for  observation assignment and discharge; and (c) integration   with quality assurance activities of the hospital.5. The commissioner shall develop  outpatient  rates  for  observation   services  provided  in accordance with this section to patients eligible   for payments made by state governmental entities.
NY Pub Health L § 2805-W (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-W - Patient Notice of Observation Services.

§  2805-w.  Patient  notice  of observation services. 1. Every general hospital shall provide patients who are placed into observation services by such  general  hospital  with  an  oral  and  written  notice  within twenty-four  hours of such placement that the patient is not admitted to the hospital and is under observation status. Such written notice  shall be  signed  by  the  patient  or  the  patient's legal representative to acknowledge receipt and shall  include,  but  not  be  limited  to,  the following information:  (a)  a  statement  that  observation  status  may affect the patient's Medicare, Medicaid and/or private insurance  coverage  for  the  current hospital   services,  including  medications  and  other  pharmaceutical supplies, as well as coverage for any subsequent discharge to a  skilled nursing facility or home and community based care; and  (b)  that  the  patient  should  contact  his or her insurance plan to better understand  the  implications  of  being  placed  in  observation status.   2.  The  commissioner shall develop and make available guidance on the notice as described in this section.
NY Pub Health L § 2805-Y (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-Y - Indentification and Assessment of Human Trafficking Victims.

§  2805-y. Identification and assessment of human trafficking victims. 1. As used in this section:  (a) "human trafficking victim" shall have the  meaning  set  forth  in section four hundred eighty-three-aa of the social services law;  (b)  "subject  facility"  shall mean a general hospital, public health center, diagnostic center, treatment center or outpatient department;  (c) "subject facility personnel" shall mean nursing,  medical,  social work  and  other  clinical care personnel, and security personnel in the subject facility service units; and  (d) "subject facility service units" shall mean the service  units  of the  subject  facility  that  include the following areas: (i) emergency services;  (ii)  pediatrics;  (iii)  obstetrics  and  gynecology;   (iv) orthopedics;   (v)   internal  medicine;  (vi)  family  medicine;  (vii) radiology; (viii) surgery; (ix) psychiatry; and (x) dental  services  to the  extent  the  subject  facility maintains a dental clinic, center or department on site of the subject facility.   2. Every  subject  facility  shall  provide  for  the  identification, assessment,  and  appropriate treatment or referral of persons suspected as human trafficking victims, and in the case of persons under  eighteen years  old,  the  reporting  of  such persons as an abused or maltreated child if required under title six of article six of the social  services law. The subject facility shall establish and implement written policies and  procedures  under  this  section  which  shall apply to all subject facility service units.   3. Every subject facility shall provide, on an ongoing basis,  to  all subject   facility   personnel   training  regarding  the  policies  and procedures established under this section,  including  training  in  the recognition  of  indicators  of  a  human  trafficking  victim  and  the responsibilities of such personnel in dealing with persons suspected  as human  trafficking victims. Such training may be incorporated as part of the subject facility's existing training  programs,  provided  that  the training includes all of the requirements of this section.   4.  The  commissioner  may  identify  organizations  or  providers for consideration by subject  facilities  to  provide  training  under  this section.  The  commissioner  may,  in  consultation  with  the office of temporary and disability assistance  and  the  office  of  children  and family services, make regulations under this section.
NY Pub Health L § 2805-Z (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-Z - Hospital Domestic Violence Policies and Procedures.

§ 2805-z. Hospital domestic violence policies and procedures. 1. Every   general  hospital  shall:  (a) develop, maintain and disseminate written   policies and procedures for the  identification,  assessment,  treatment   and  referral  of confirmed or suspected cases of domestic violence; (b)   establish, and implement on an ongoing basis, a training program for all   nursing, medical, social work and other clinical personnel, and security   personnel working in hospital service units regarding the  policies  and   procedures  established  pursuant  to  this section; and (c) designate a   staff member to contact  the  domestic  violence  or  victim  assistance   organization  identified  by the commissioner under subdivision three of   this section providing victim assistance to the geographic  area  served   by  such  hospital to establish the coordination of services to domestic   violence victims.2. Upon admittance or commencement of  treatment  of  a  confirmed  or   suspected  domestic  violence  victim,  such  hospital  shall advise the   victim of the availability of the services of  a  domestic  violence  or   victim  assistance  organization.  If  after  receiving  such advice the   domestic violence victim wishes the presence of a domestic  violence  or   victim  assistance advocate, such hospital shall contact the appropriate   organization and request that one be provided.3. The commissioner shall promulgate such rules and regulations as may   be necessary and proper to carry out effectively the provisions of  this   section.   Prior   to  promulgating  such  rules  and  regulations,  the   commissioner shall  consult  with  the  office  for  the  prevention  of   domestic  violence  and  other  such  persons  as the commissioner deems   necessary to  develop  a  model  policy  for  hospitals  to  utilize  in   complying  with  this  section  and to identify the domestic violence or   victim assistance organizations operating in each hospital's  geographic   area,  a  list of which the commissioner shall provide to hospitals with   the model policy.
NY Pub Health L § 2806-B (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2806-B - Residential Health Care Facilities; Revocation of Operating Certificate.

§  2806-b. Residential health care facilities; revocation of operating certificate. Upon a determination by the commissioner that  there  exist operational  deficiencies  in  a  residential health care facility which show:  (a)  a  condition  or  conditions  in  substantial  violation  of  the standards  for  health, safety or patient care established under federal or state law or regulations; or  (b) any other conditions dangerous to life, health or safety; or  (c) that there exists  in  the  facility  a  pattern  or  practice  of habitual  violation  of  the standards of health, safety or patient care established under federal or state law or regulations, the  commissioner shall take the actions prescribed by section twenty-eight hundred six of this  article  to  revoke  the  operating certificate of the residential health care facility which was the subject of such finding and, where he deems it to be in the public  interest,  he  may  petition  a  court  of competent  jurisdiction  to  appoint  a  caretaker as defined in section twenty-eight hundred one of this article. The petition, the  proceedings and  the procedures for the appointment of a caretaker shall be governed by the provisions of subdivision two of section twenty-eight hundred ten of this article, and the  powers,  duties  and  rights  of  a  caretaker appointed pursuant to this section shall be the same as those authorized by such subdivision.
NY Pub Health L § 2807-B (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2807-B - Outstanding Payments and Reports Due Under Subdivision Eighteen of Section Twenty-Eight Hundred Seven-C, Sections Twenty-Eight Hundred Seven-D,twenty

§  2807-b.  Outstanding  payments  and  reports  due under subdivision   eighteen of section twenty-eight hundred seven-c, sections  twenty-eight   hundred  seven-d,  twenty-eight  hundred  seven-j,  twenty-eight hundred   seven-s and twenty-eight hundred seven-t of this article. 1. If there is   a basis for  estimating  the  amount  of  outstanding  payments  due  in   accordance  with  subdivision  eighteen  of section twenty-eight hundred   seven-c of this article,  and  sections  twenty-eight  hundred  seven-d,   twenty-eight   hundred   seven-j,   twenty-eight   hundred  seven-s  and   twenty-eight hundred seven-t of this  article,  the  commissioner  shall   bill  applicable  providers  and payors for such payments, including any   interest and penalties set forth in this article, no later  than  ninety   days after each calendar quarter following enactment of this section.2.  If  there  is  no  basis  for estimating the amount of outstanding   payments  due  in  accordance  with  subdivision  eighteen  of   section   twenty-eight  hundred seven-c of this article, and sections twenty-eight   hundred seven-d,  twenty-eight  hundred  seven-j,  twenty-eight  hundred   seven-s   and   twenty-eight   hundred  seven-t  of  this  article,  the   commissioner shall notify applicable providers and payors of outstanding   reports and payments no later  than  ninety  days  after  each  calendar   quarter  following the effective date of this section. Such notice shall   include information regarding any interest, penalties or other sanctions   which may be implemented in accordance with this article.