reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-H - Health Related Facility; Pet Therapy Programs.

§   2803-h.   Health   related   facility;   pet   therapy   programs.
  Notwithstanding any inconsistent provision of law, rule or regulation to
  the contrary, and subject to the approval  of  the  commissioner,  every
  residential  health  care  facility,  as defined in section twenty-eight
  hundred one of this article, may, at the discretion  of  such  facility,
  board  animals  in  such  facility  where  such  boarding  would, in the
  determination of the commissioner and such facility, tend to promote the
  general well-being of the residents of such facility.  The  commissioner
  shall  adopt rules and regulations necessary to implement the provisions
  of this section.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-J*2 - Nursing Home Nurse Aide Registry.

* §  2803-j. Nursing home nurse aide registry. 1. The department shall
develop and maintain, or cause to be developed and maintained,  a  nurse
aide  registry  of  individuals  who have successfully completed a nurse
aide training program approved by the commissioner or  the  commissioner
of  education  or  the  accrediting  body  of  other  states  or federal
authorities including the military, and a competency evaluation  program
approved  by  the commissioner. The department, or any entity with which
the department contracts, may charge a fee not  to  exceed  one  hundred
sixty-five  dollars,  adjusted  annually  to  reflect  increases  in the
consumer price index for the purposes  of  implementing  the  competency
evaluation  program  approved  by  the  commissioner and maintaining the
registry, as provided for in this section.
2. In accordance with federal law and regulation, no charges shall  be
imposed  on  a  nurse  aide for any costs for the nurse aide training or
competency evaluation program.
3. The nurse aide registry shall include, but not be limited  to,  the
following information:
(a)  Identification  of  individuals who have successfully completed a
nurse aide training and competency evaluation program, or a  nurse  aide
competency evaluation program;
(b)  Name,  address  (at time competency test was passed), and date of
birth, of individuals listed in the registry;
(c) Name and date of state approved training and competency evaluation
program successfully completed by an individual; and
(d) In accordance with the provisions of section twenty-eight  hundred
three-d  of  this  article,  findings  of  instances  of physical abuse,
mistreatment, neglect or misappropriation  of  resident  property  by  a
nurse  aide in a nursing home, and any brief statement by the nurse aide
disputing the findings.
4. Notwithstanding any inconsistent provision of this article,  unless
otherwise  required  by  federal  law  or  regulation  as a condition of
federal aid, in which case such law or regulation shall  be  controlling
and  the  provisions  of  paragraph  a  of  subdivision seven of section
twenty-eight hundred seven of this article shall not apply, the cost  of
any  fee  charged  pursuant to subdivision one of this section paid by a
residential health care facility shall be included in rates  of  payment
determined  in  accordance with this article for such residential health
care facility based on estimated costs for a prospective rate period and
subsequently reconciled to actual expenses and statistics for such  rate
period by prospective adjustments of rates of payment.
* NB There are 2 § 2803-j's
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-K - In-Patient Nasogastric Feeding Procedures.

§ 2803-k. In-patient nasogastric feeding procedures.  The commissioner
  shall  promulgate  and administer regulations and policies governing the
  maximum size of nasogastric feeding tubes in hospitals  and  residential
  health care facilities to protect patients from undue discomfort.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-L - Community Service Plans.

§  2803-l.  Community  service  plans.  1.    The  governing body of a
voluntary non-profit  general  hospital  must  issue  an  organizational
mission   statement   identifying  at  a  minimum  the  populations  and
communities served by the hospital  and  the  hospital's  commitment  to
meeting the health care needs of the community.
2. The governing body must at least every three years:
(i) review and amend as necessary the hospital mission statement;
(ii)  solicit  the  views of the communities served by the hospital on
such issues as the hospital's performance and service priorities;
(iii) demonstrate the hospital's operational and financial  commitment
to meeting community health care needs, to provide charity care services
and to improve access to health care services by the underserved; and
(iv) prepare and make available to the public a statement showing on a
combined  basis a summary of the financial resources of the hospital and
related corporations  and  the  allocation  of  available  resources  to
hospital  purposes  including  the  provision  of free or reduced charge
services.
3. The  governing  body  must  at  least  annually  prepare  and  make
available   to   the  public  an  implementation  report  regarding  the
hospital's  performance  in  meeting  the  health  care  needs  of   the
community,  providing  charity  care  services,  and improving access to
health care services by the underserved.
4.  The governing body shall file with the  commissioner  its  mission
statement,  its  annual  implementation report, and at least every three
years a report detailing amendments  to  the  statement  and  reflecting
changes  in  the  hospital's  operational  and  financial  commitment to
meeting the health care needs of the community, providing  charity  care
services,   and   improving  access  to  health  care  services  by  the
underserved.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-M - Discharge of Hospital Patients to Adult Homes.

§ 2803-m. Discharge of hospital patients to adult homes. (1) A patient
about  to  be  discharged  as an inpatient from a hospital as defined in
section twenty-eight hundred one of  this  article  to  an  adult  home,
enriched  housing  program or residence for adults as defined in section
two of the social services law, shall be referred  only  to  such  home,
program  or  residence  that is consistent with that patient's needs and
that operates pursuant to section  four  hundred  sixty  of  the  social
services law. No patient shall be directly referred to any facility that
is on the "do not refer list" pursuant to subdivision fifteen of section
four hundred sixty-d of the social services law; provided, however, that
any  patient who was a resident of an adult care facility at the time of
his or her admission to the hospital shall be  permitted  to  return  to
such  adult  care  facility  regardless  of  the status of its operating
certificate.
(2) No patient about to be discharged as an inpatient from a  hospital
shall  be  referred  to  any  adult  home,  enriched  housing program or
residence for adults, as defined in section two of the  social  services
law,  where  the  hospital  has  received  a  written notice pursuant to
subdivision eleven  of  section  four  hundred  sixty-d  of  the  social
services  law  that  such  home  or  residence is subject to enforcement
actions by the department; provided, however, that any patient who was a
resident of an adult care facility at the time of his or  her  admission
to the hospital shall be permitted to return to such adult care facility
regardless  of  any  enforcement actions. Referrals may resume when such
enforcement actions are resolved.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-O - Hospital Care for Mastectomy, Lumpectomy, and Lymph Node Dissection Patients.

§  2803-o.  Hospital  care  for mastectomy, lumpectomy, and lymph node
dissection patients. 1. When  a  general  hospital  provides  mastectomy
surgery,  lymph node dissection or a lumpectomy, inpatient care shall be
offered for a  period  as  determined  by  the  attending  physician  in
consultation with the patient to be medically appropriate.
2. Every general hospital that provides mastectomy surgery, lymph node
dissection  or  a  lumpectomy  shall  provide information to the patient
concerning  the  option  of  reconstructive   surgery   following   such
procedures,  including both breast and chest wall reconstructive surgery
and  the  availability  of  coverage  for  reconstructive  surgery,   in
accordance  with  the  provisions of sections three thousand two hundred
sixteen, three thousand two hundred twenty-one and four  thousand  three
hundred  three of the insurance law and applicable provisions of federal
law. The information shall be provided to the patient in writing and  in
advance  of obtaining consent to the surgical procedure. The information
provided shall include at least the following:
(a) a description  of  the  various  reconstructive  options  and  the
advantages  and  disadvantages  of  each. Such description shall include
aesthetic flat closure as such term is defined by  the  National  Cancer
Institute;
(b)  a  description  of the provisions assuring coverage by public and
private insurance plans of the costs related to  reconstructive  surgery
under federal and state law;
(c)  a  description  of  how a patient may access reconstructive care,
including the potential of transferring care to a facility that provides
reconstructive  care  or  choosing  to   pursue   reconstruction   after
completion   of   breast   cancer  surgery  and  chemo/radiotherapy,  if
warranted;
(d) such other information as may be required by the commissioner.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-O-1 - Required Protocols for Fetal Demise.

§  2803-o-1.  Required  protocols  for  fetal  demise. Hospitals shall
  adopt, implement and periodically  update  standard  protocols  for  the
  management of fetal demise. Such protocols shall require the hospital to
  determine whether a pregnant person is experiencing an emergency medical
  condition in relation to fetal demise, and upon making a diagnosis of an
  emergency  medical  condition, admit the pregnant person to the hospital
  or treat them in the emergency room for  close  observation,  continuous
  monitoring  and  stabilizing treatment until it is deemed medically safe
  for discharge or transfer  to  another  medical  facility  or  unit,  if
  necessary,  in  accordance  with the federal Emergency Medical Treatment
  and Labor Act (EMTALA).
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-P - Disclosure of Information Concerning Family Violence.

§  2803-p. Disclosure of information concerning family violence. 1. As
used in this section:
(a) Domestic violence shall mean acts as referred to in and  qualified
by section four hundred fifty-nine-a of the social services law.
(b)  Child  abuse  and  maltreatment  shall  have  the same meaning as
provided for in section four hundred twelve of the social services law.
(c) Family violence shall mean any act which would constitute domestic
violence as defined in paragraph (a) of  this  subdivision  or  any  act
which  would  constitute  child  abuse  and  maltreatment  as defined in
paragraph (b) of this subdivision.
2. Every hospital having maternity and newborn services shall  provide
information  concerning family violence to parents of newborn infants at
any time prior to the discharge of the mother.  Such  information  shall
also  be  provided  by  every  diagnostic  and treatment center offering
prenatal care services to women upon an  initial  prenatal  care  visit.
The  commissioner  shall,  in consultation with the state office for the
prevention of domestic violence and the department of  social  services,
prepare,  produce  and  transmit  such  notice  to  such  facilities  in
quantities sufficient to comply with the requirements of  this  section.
Such  notice  shall  contain  information which shall include but not be
limited to the effects of family violence and the services available  to
women and children experiencing family violence.
Such  information  shall  be  in  clear  and  concise language readily
comprehensible.  Nothing in this section shall preclude a facility  from
providing  the  notice required by this section as an addendum to, or in
connection with, any other information required to be  provided  by  any
other provision of law, rule or regulation.
3.  No  cause  of  action  of whatever nature or kind arising out of a
failure to give or receive the notice required  by  this  section  shall
accrue  to  any  person  against  the state or any subdivision or agency
thereof or any hospital or diagnostic  and  treatment  center  providing
prenatal care services.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-Q - Family Councils in Residential Health Care Facilities.

§ 2803-q. Family councils in residential health care facilities. 1. As
used in this section:
(a)  Family  council means an organization of family members, friends,
or representatives of two or more residents of a residential health care
facility, organized to act under this section.
(b) Facility means the residential health care facility  for  which  a
family council is formed.
2. No residential health care facility may prohibit the formation of a
family council, and, when requested by a member of the resident's family
or the resident's representative, the family council shall be allowed to
meet  in  a  common  meeting  room  of  the facility, in private without
facility staff at least once a month during mutually agreed upon hours.
3. Facility policies on family councils shall  in  no  way  limit  the
right  of  residents, family members, and family council members to meet
independently with outside persons, including members  of  nonprofit  or
government  organizations  or with facility personnel during non-working
hours.
4. Family  councils  shall  also  be  provided  adequate  space  on  a
prominent  bulletin  board  or  other  posting  area  for the display of
meeting notices, minutes, newsletters, or other  information  pertaining
to the operation or interest of the family council.
5.  Staff  or  visitors  may  attend  family  council meetings, at the
group's invitation.
6. The facility shall provide a designated staff person who  shall  be
responsible  for providing assistance and responding to written requests
that result from family council meetings.
7. The facility shall consider the views and act upon  the  grievances
and  recommendations  of a family council concerning proposed policy and
operational decisions affecting resident care and life in the facility.
8. The facility shall  respond  in  writing  to  written  requests  or
concerns of the family council, within ten working days.
9.  When a family council exists, the facility shall include notice of
the family council meetings in at least a quarterly mailing,  and  shall
inform  family  members  or  representatives  of  new  residents who are
identified on the admissions agreement, during the  admissions  process,
or  in  the  resident's records, of the existence of the family council.
The notice shall include the time, place, and date of meetings, and  the
person to contact regarding involvement in the family council.
10.   No  facility  shall  willfully  interfere  with  the  formation,
maintenance, or promotion of a family council. For the purposes of  this
subdivision,  willful interference shall include, but not be limited to,
discrimination or retaliation in any way  against  an  individual  as  a
result  of  his or her participation in a family council, or the willful
scheduling of facility events in conflict with  a  previously  scheduled
family council meeting.
11.  Violation  of  the  provisions of this section shall constitute a
violation of the resident's rights pursuant to this chapter.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-R - Dissemination of Information About the Abandoned Infant Protection Act.

§  2803-r.  Dissemination  of  information  about the abandoned infant
  protection act. 1. All hospitals and clinics shall notify their prenatal
  care and obstetric patients of the provisions of  the  abandoned  infant
  protection  act,  using materials provided by the office of children and
  family services. The department shall develop agreements with  societies
  and organizations of medical practitioners under which the department or
  the  office  of  children and family services shall provide materials to
  such societies to provide appropriate education and outreach  concerning
  the  abandoned  infant  protection  act to their members and the public.
  Criminal penalties for violation pursuant to subdivisions one and two of
  section twelve-b of this chapter shall not apply to this section.
2. The commissioner, in consultation with the office of  children  and
  family   services,  shall  adopt  rules  and  regulations  necessary  to
  implement this section.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-S - Access to Product Recall Information.

§ 2803-s. Access to product recall information. The commissioner shall
  require  that  every hospital and birth center distribute at the time of
  pre-booking or admission directly to each maternity  patient  and,  upon
  request,  to  the  general public an informational leaflet. Such leaflet
  shall be designed by the commissioner in conjunction with the  secretary
  of  state  and  shall  contain  information  detailing  how  parents  or
  guardians of infants and children can subscribe  to  the  United  States
  consumer  product  safety  commission's  e-mail  subscription  lists  to
  receive consumer product recall and  safety  news  by  e-mail  from  the
  United States consumer product safety commission and such other material
  as  deemed  appropriate  by the commissioner. Such leaflet shall be made
  available to hospitals and  birth  centers  by  the  department  on  its
  website  and  shall  be  provided  in  English,  as  well as the top six
  languages other than English spoken in the state according to the latest
  available data from the United States Bureau of Census.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-T - Preadmission Information.

§   2803-t.  Preadmission  information.  Any  hospital  that  provides
  preadmission information to a patient, shall offer a blind  or  visually
  impaired patient a large print version or, at the patient's or patient's
  representative's  request,  an  audio recording, to be made available to
  such patient or such patient's representative on compact disc  or  other
  medium  as  the  hospital may offer, or as an electronically transmitted
  digital file,  in  addition  to  a  written  copy  of  any  preadmission
  information.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-V - Lymphedema Information Distribution.

* §  2803-v.  Lymphedema information distribution. 1. For the purposes
of this section, the term "lymphedema" shall  mean  an  accumulation  of
fluid in the interstitial tissue that causes swelling, most often in the
arms  and/or legs, and occasionally in other parts of the body, from any
cause.
2.  The  commissioner  shall  design  an  informational  packet  about
lymphedema and shall require that every general hospital distribute such
packet  to  all patients at high risk of developing lymphedema. Patients
deemed high risk shall include:
(a) patients who experience any significant injury to soft tissue that
could reasonably be expected, using sound medical judgment, as a  result
of severity and nature thereof, to compromise or cause to be ineffective
the drainage of the lymphatic system;
(b)   patients   who  experience  recurrent  or  persistent  bacterial
infections that  could  reasonably  be  expected,  using  sound  medical
judgment,  as  a result of severity and nature thereof, to compromise or
cause to be ineffective the drainage of the lymphatic system; or
(c) patients who have had  corrective  surgical  procedures  performed
that  may  have  interfered  with  the  lymph drainage by severing local
lymphatics in a manner that may jeopardize reconstitution  and  recovery
of lymph drainage.
* NB There are 2 § 2803-v's
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-W - Independent Quality Monitors for Residential Health Care Facilities.

* §  2803-w.  Independent quality monitors for residential health care
  facilities.  The  department  may  require  a  residential  health  care
  facility  to  contract with an independent quality monitor selected, and
  on reasonable  terms  determined,  by  the  department,  pursuant  to  a
  selection  process conducted notwithstanding sections one hundred twelve
  or one hundred sixty-three of the state finance  law,  for  purposes  of
  monitoring  the  operator's  compliance  with  a  written  and mandatory
  corrective plan and reporting to the department on the implementation of
  such corrective action,  when  the  department  has  determined  in  its
  discretion  that  operational  deficiencies  exist at such facility that
  show:
1. a condition or conditions in substantial violation of the standards
  for health, safety, or resident care established in  law  or  regulation
  that constitute a danger to resident health or safety;
2.  a  pattern  or  practice of habitual violation of the standards of
  health, safety, or resident care established in law or regulation; or
3. any other condition dangerous to resident life, health, or  safety.
  Such   written   mandatory   corrective  plans  shall  include  caps  on
  administrative and general costs that are unrelated to providing  direct
  care (including providing at least minimum staffing levels as determined
  by the department) or care coordination.
* NB There are 2 § 2803-w's
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-W*2 - Disclosure of Information Concerning Pregnancy Complications.

* §   2803-w.   Disclosure   of   information   concerning   pregnancy
  complications. Every hospital offering  maternity  or  women's  wellness
  services   shall   provide   the   information   developed  pursuant  to
  subdivisions two and four of  section  two  hundred  sixty-six  of  this
  chapter,  as  added  by  chapter  342  of  the laws of 2014, to pregnant
  patients as clinically appropriate, but prior to discharge. In addition,
  such information shall be provided at the time of  pre-booking  to  each
  prospective  maternity patient and, upon request, to the general public.
  Such  information  shall  also  be  provided  by  every  diagnostic  and
  treatment  center  offering  prenatal  care  services  upon  the initial
  prenatal care visit.
* NB There are 2 § 2803-w's
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-Y - Provision of Residency Agreement.

§  2803-y.  Provision  of  residency  agreement.  The  operator  of  a
  residential health care facility shall provide to prospective  residents
  who  inquire  about  admission,  and  post on its website, a copy of the
  facility's  entire   approved   residency   agreement,   including   the
  non-governmental rates charged to residents.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-Z*2 - Antimicrobial Resistance Prevention and Education.

* §  2803-z.  Antimicrobial  resistance  prevention  and education. 1.
  Every general hospital and nursing home shall comply with and  meet  all
  applicable  requirements of the federal Medicare and Medicaid conditions
  of participation for antimicrobial stewardship programs in  health  care
  facilities,  including  training  requirements  regarding  antimicrobial
  resistance and infection  prevention  and  control.  Additionally,  such
  program  shall  incorporate  an ongoing process to measure the impact of
  the program, including  review,  at  least  annually,  of  antimicrobial
  utilization  data  with  development  of  response  plans  for  high  or
  increasing utilization.
2. The commissioner shall make such rules and regulations  as  may  be
  necessary and proper to carry out the provisions of this section.
* NB There are 2 § 2803-z's
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-AA - Sickle Cell Disease Information Distribution.

* §   2803-aa.  Sickle  cell  disease  information  distribution.  The
  commissioner shall design an  informational  packet  about  sickle  cell
  disease,  including  screening,  prevention,  and treatment information.
  Every general hospital shall distribute the packet to every patient, or,
  if the patient lacks capacity to make health care decisions, to a person
  who has authority to make health care decisions for the patient, who  is
  suspected to be at high risk of inheriting sickle cell disease.
* NB There are 2 § 2803-aa's
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2804 - Units for Hospital and Health-Related Affairs.

§  2804.  Units  for  hospital  and  health-related  affairs.   1. The
  commissioner shall establish within the department a unit  for  hospital
  affairs to assist him in carrying out the provisions of this article.
2.  The  commissioner  shall establish within the department a unit to
  assist him in carrying out the provisions of this  article  relating  to
  facilities  providing  health-related  service.  He shall also appoint a
  council to advise on matters affecting health-related service.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2805 - Approval of Hospitals; Operating Certificates.

§ 2805. Approval of hospitals; operating certificates.  1. No hospital
shall  be  operated  unless  it  shall:  (a)  possess  a valid operating
certificate issued pursuant  to  this  article,  which  certificate  may
specify  the  kind  or  kinds  of  hospital  services  the  facility  is
authorized to provide; (b) establish and maintain a  uniform  system  of
cost  analysis  approved  by  the  commissioner;  and  (c) establish and
maintain a uniform system of reports and audits meeting the requirements
of the commissioner.
2. (a) Application for an operating certificate for a  hospital  shall
be  made  upon forms prescribed by the department. The application shall
contain the name of the hospital, the kind or kinds of hospital  service
to   be   provided,   the  location  and  physical  description  of  the
institution, and such other information as the department may require.
(b) An operating certificate shall not be  issued  by  the  department
unless  it  finds  that  the  premises,  equipment, personnel, rules and
by-laws, standards of medical care, and hospital  service  are  fit  and
adequate  and  that the hospital will be operated in the manner required
by this article and rules and regulations thereunder.
(d) In the case of a state, county or municipal hospital an  operating
certificate  shall  not  be issued by the department unless the hospital
maintains a record of all charges and collections made  by  any  person,
partnership,  organization  or  other  entity  whatsoever  for  services
rendered to patients in such hospital, including, but  not  limited  to,
the  person  making the charge, the amount of the charge and the purpose
for which the charge was made. Such record  shall  be  made  in  a  form
acceptable  to  the  commissioner  and  include  any charges relating to
admission to or discharge from such hospital.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.