NY Pub Health L § 2805-B (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-B - Admission of Patients and Emergency Treatment of Nonadmitted Patients.

§ 2805-b. Admission of patients and emergency treatment of nonadmitted patients.  1.  Every  general  hospital shall admit any person who is in need of immediate hospitalization with all convenient  speed  and  shall not  before  admission  question the patient or any member of his or her family concerning insurance, credit or  payment  of  charges,  provided, however,  that  the patient or a member of his or her family shall agree to supply such  information  promptly  after  the  patient's  admission. However,  no general hospital shall require any patient or member of his or her family to write or to sign during those times when the  religious tenets  of  such  person temporarily prohibit him or her from performing such acts. No general hospital shall transfer  any  patient  to  another hospital  or  health  care  facility  on the grounds that the patient is unable to pay or guarantee payment for services rendered. Every  general hospital  which maintains facilities for providing out-patient emergency medical care must provide such care to any person who, in the opinion of a physician, requires such care.   2. In cities with a population of one million or more, (a)  a  general hospital  shall  provide  emergency  medical  care  and treatment to all persons in need of such care and treatment who arrive at the entrance to such hospital therefor. Any general hospital which fails to provide such treatment shall be guilty of a misdemeanor.  However,  the  commissioner may  exempt  a general hospital from the provisions of this paragraph if he determines such general hospital is structured to provide specialized or limited treatment.  (b) Any licensed medical practitioner who refuses to  treat  a  person arriving  at  a  general hospital to receive emergency medical treatment who is in need of such treatment;  or  any  person  who  in  any  manner excludes,  obstructs  or  interferes  with the ingress of another person into a general hospital who appears  there  for  the  purpose  of  being examined  or  diagnosed  or  treated;  or  any  person  who obstructs or prevents such other person from being examined or diagnosed  or  treated by  an  attending physician thereat shall be guilty of a misdemeanor and subject to a term of imprisonment not to exceed one year and a fine  not to  exceed  one  thousand  dollars.  Any  emergency  medical technician, paramedic or ambulance driver who  transports  a  person  to  a  general hospital  where  such person is refused entrance by anyone or is refused examination, diagnosis or treatment by an  attending  physician  thereat shall  report  all such incidents to the state commissioner of health or his designee, on a form which shall be promulgated by such commissioner. After examination, diagnosis and treatment by an attending physician and where, in the opinion of such physician, the patient has been stabilized sufficiently to permit it, subsequent medical care may  be  provided  or procured  by  the  general hospital at a location other than the general hospital if, in the opinion of the attending physician,  it  is  in  the best  interest of the patient because the general hospital does not have the proper equipment or personnel at hand to deal  with  the  particular medical  emergency  or  because all appropriate beds are filled and none are likely to become  available  within  a  reasonable  time  after  the patient has been stabilized.  (c)  Whenever  a  previously  stabilized  emergency  room  patient  is thereafter transferred for medical care to another location by means  of an  ambulance,  the  attending physician authorizing the transfer in the general hospital from which the patient is transferred  shall  determine that  a  receiving  hospital  is  available  and willing to receive such patient and that an attending physician thereat is available and willing to admit such patient. Just prior to the transfer, the emergency medical technician or  paramedic  assigned  to  accompany  the  patient  in  the ambulance shall be provided with a completed form which shall include at  least  the  following information and such additional information as the commissioner may require:  (i) the patient's name;  (ii) the diagnosed condition of the patient;  (iii) any treatment administered to the patient;  (iv) any medication given to the patient;  (v) the name of the physician ordering the transfer;  (vi)  the  name  of  the  hospital  from  which  the  patient is being transferred;  (vii) the name of the physician or physicians who is  or  are  willing and authorized to receive the patient at the new location;  (viii)  the  name of the hospital or other facility that is to receive the patient;  (ix) the date and time of transfer; and  (x) the signature of the physician ordering the transfer.   The form for this purpose shall be promulgated by the commissioner and distributed to all general hospitals in any  such  city.  The  completed form  shall  be  given  to the receiving facility upon completion of the ambulance trip for use by the receiving physician.   * 3. A general hospital within a city with a population of one million or more may request the emergency medical service of such city's  health and   hospitals   corporation  or  any  person,  firm,  organization  or corporation providing ambulance service to divert ambulances to  another hospital only under the following circumstances:   A  request  for  diversion of emergency patients with life threatening conditions shall only be made  by  a  hospital  when  acceptance  of  an additional critical patient may endanger the life of that patient or the life  of another patient. A request for the diversion of other emergency patients shall only be made when all appropriate  beds  are  filled  and shall  be  withdrawn  as soon as a bed is available. Notwithstanding the foregoing, all requests for diversion must be renewed at  the  beginning of  each  tour of duty as designated by the emergency medical service of such city's health and hospitals corporation.   Diversion of patients with certain medical conditions  which,  in  the best  interest  of  the  patients,  require  their transport directly to specialty referral centers shall be permitted following the  designation of   such   specialty  referral  centers.  Diversion  of  patients  with psychiatric conditions to comprehensive psychiatric emergency  programs, as  such  term is defined in section 1.03 of the mental hygiene law, and subject to the provisions of section 31.27 of such law,  shall  only  be permitted following the designation of the programs by the commissioners of health and mental health to receive such patients.   * NB Effective until July 1, 2024   * 3. A general hospital within a city with a population of one million or  more may request the emergency medical service of such city's health and  hospitals  corporation  or  any  person,  firm,   organization   or corporation  providing ambulance service to divert ambulances to another hospital only under the following circumstances:   A request for diversion of emergency patients  with  life  threatening conditions  shall  only  be  made  by  a  hospital when acceptance of an additional critical patient may endanger the life of that patient or the life of another patient. A request for the diversion of other  emergency patients  shall  only  be  made when all appropriate beds are filled and shall be withdrawn as soon as a bed is  available.  Notwithstanding  the foregoing,  all  requests for diversion must be renewed at the beginning of each tour of duty as designated by the emergency medical  service  of such city's health and hospitals corporation.    Diversion  of  patients  with certain medical conditions which, in the best interest of the  patients,  require  their  transport  directly  to specialty  referral centers shall be permitted following the designation of such specialty referral centers.   * NB Effective July 1, 2024   4. Nothing in this section shall be construed to deny to the attending physician the right to evaluate the medical needs of persons arriving at the  hospital  for  emergency  treatment  and  to  delay or deny medical treatment where, in the opinion of the attending  physician,  no  actual medical  emergency  exists.  However,  no  person  actually  in  need of emergency treatment, as determined by the attending physician, shall  be denied  such treatment by a general hospital in cities with a population of one million or more for any reason whatsoever.   5. The staff of a general hospital shall: (a) inquire whether  or  not the  person  admitted has served in the United States armed forces. Such information shall be listed on  the  admissions  form;  (b)  notify  any admittee  who is a veteran of the possible availability of services at a hospital operated by the United States veterans  health  administration, and,  upon  request  by the admittee, such staff shall make arrangements for the  individual's  transfer  to  a  United  States  veterans  health administration  hospital,  provided,  however,  that  transfers shall be authorized only after it has  been  determined,  according  to  accepted clinical  and  medical  standards,  that  the  patient's  condition  has stabilized  and  transfer  can  be  accomplished  safely   and   without complication;  and (c) provide any admittee who has served in the United States armed forces  with  a  copy  of  the  "Information  for  Veterans concerning  Health  Care Options" fact sheet, maintained by the division of veterans' services pursuant to subdivision  twenty-three  of  section three  hundred  fifty-three of the executive law prior to discharging or transferring the patient. The commissioner shall  promulgate  rules  and regulations  for notifying such admittees of possible available services and for arranging a requested transfer.