reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 29CCCC - Care Act (Caregiver Advise, Record and Enable Act) › 2994-JJ - Caregiver; Opportunity to Identify.

§  2994-jj.  Caregiver;  opportunity  to identify. 1. A hospital shall
provide each patient or, if applicable,  the  patient's  legal  guardian
with  at  least one opportunity to identify at least one caregiver under
this article following the patient's entry into a hospital and prior  to
the  patient's  discharge  or transfer to another facility. The hospital
shall inform the patient that the purpose of providing  the  caregiver's
identity  is to include that caregiver in discharge planning and sharing
of post-discharge care information or instruction.
(a) In  the  event  that  the  patient  is  unconscious  or  otherwise
incapacitated  upon his or her entry into a hospital, the hospital shall
provide such patient or his/her legal guardian with  an  opportunity  to
identify  a  caregiver  following  the  patient's recovery of his or her
consciousness or capacity.
(b) In the event that the patient  or  the  patient's  legal  guardian
declines  to identify a caregiver under this article, the hospital shall
promptly document this in the patient's medical record.
(c) The hospital  shall  record  the  patient's  identification  of  a
caregiver if given by the patient or legal guardian, the relationship of
the identified caregiver to the patient, and the name, telephone number,
and  address  of  the  patient's  identified  caregiver in the patient's
medical record.
(d) A patient may elect to change his or her identified  caregiver  at
any  time,  and  the  hospital  must record this change in the patient's
medical record.
(e) (i) The hospital shall promptly request the written consent of the
patient or the patient's legal guardian to release  medical  information
to   the   patient's   designated  caregiver  following  the  hospital's
established procedure for releasing personal health information  and  in
compliance with all state and federal laws, including the federal Health
Insurance  Portability  and  Accountability  Act of 1996 as amended, and
related regulations.
(ii) If the patient  or  the  patient's  legal  guardian  declines  to
consent  to  release  medical  information  to  the patient's designated
caregiver, the hospital shall not be required to provide notice  to  the
caregiver  under  section  twenty-nine  hundred  ninety-four-kk  of this
article or provide information contained in the patient's discharge plan
under section twenty-nine hundred ninety-four-ll of this article.
2. An identification of a caregiver by a patient or a patient's  legal
guardian  under this section does not obligate any individual to perform
any after-care tasks for any patient.
3. This section shall not be construed  to  require  a  patient  or  a
patient's  legal  guardian  to identify any individual as a caregiver as
defined by this article.
2023 New York Laws › PBH - Public Health › Article 29CCCC - Care Act (Caregiver Advise, Record and Enable Act) › 2994-KK - Notice to Identified Caregiver.

§ 2994-kk. Notice to identified caregiver. A hospital shall notify the
  patient's identified caregiver of the patient's discharge or transfer to
  another hospital or facility licensed by the department or the office of
  mental  health as soon as the date and time of discharge or transfer can
  be anticipated prior to the patient's actual discharge  or  transfer  to
  such  facility.  In  the  event  the  hospital  is unable to contact the
  designated caregiver, the lack of  contact  shall  not  interfere  with,
  delay,  or  otherwise affect the medical care provided to the patient or
  an appropriate discharge of the patient.  The  hospital  shall  promptly
  document the attempt in the patient's medical record.
2023 New York Laws › PBH - Public Health › Article 29CCCC - Care Act (Caregiver Advise, Record and Enable Act) › 2994-LL - Instruction to Identified Caregiver.

§ 2994-ll. Instruction to identified caregiver. 1. As soon as possible
and not later than twenty-four hours prior to a patient's discharge from
a  hospital,  the  hospital  shall consult with the identified caregiver
along with  the  patient  regarding  the  caregiver's  capabilities  and
limitations  and  issue  a  discharge  plan  that  describes a patient's
after-care needs at his or her residence. In the event the  hospital  is
unable  to  contact  the designated caregiver, the lack of contact shall
not interfere with, delay, or otherwise affect the medical care provided
to the patient or an appropriate discharge of the patient. In the  event
that  the  identified  caregiver  is  unwilling or unable to confidently
provide proper care, the hospital shall assess whether  other  services,
including  but  not  limited  to  home care services, are needed and, if
necessary, order such services. The hospital shall promptly document the
attempt in the patient's medical record. At minimum,  a  discharge  plan
shall include:
(a) the name and contact information of the caregiver identified under
this article;
(b)   a  description  of  all  after-care  tasks  recommended  by  the
discharging  physician,  taking  into  account  the   capabilities   and
limitations of the caregiver; and
(c)  contact  information  for  health  care, community resources, and
long-term services and supports necessary to successfully carry out  the
patient's discharge plan.
2.  The hospital issuing the discharge plan must offer caregivers with
instruction in all after-care tasks described in the discharge plan.
(a) At minimum, such instruction shall include:
(i) a live or recorded demonstration  of  the  tasks  performed  by  a
hospital employee authorized to perform the after-care task, provided in
a  culturally  competent  manner  and  in accordance with the hospital's
requirements to provide language access services under state and federal
law;
(ii) an opportunity for the caregiver and  patient  to  ask  questions
about the after-care tasks; and
(iii) answers to the caregiver's and patient's questions provided in a
culturally  competent  manner  and  in  accordance  with  the hospital's
requirements to provide language access services under state and federal
law.
(b) Any instructions required under this article shall  be  documented
in  the patient's medical record, including, at minimum, the date, time,
and contents of the instruction.
3. The department is authorized to promulgate regulations to implement
the  provisions  of  this  article,  including  but  not   limited   to,
regulations  to  further define the content and scope of any instruction
provided to caregivers under this article.
2023 New York Laws › PBH - Public Health › Article 29CCCC - Care Act (Caregiver Advise, Record and Enable Act) › 2994-MM - Effect on Other Rights.

§ 2994-mm. Effect on other rights. 1. Nothing in this article shall be
  construed  to  interfere  with  the rights of an agent operating under a
  valid health care directive created under  section  twenty-nine  hundred
  eighty-two of this chapter.
2.  Nothing in this article shall be construed to create a new private
  right of action not otherwise existing in law against a hospital or  any
  of  its  directors,  trustees,  officers,  employees  or  agents, or any
  contractors with whom a hospital has a contractual relationship.
3. A hospital, any of its directors, trustees, officers, employees  or
  agents,  or  any  contractors  with  whom  a  hospital has a contractual
  relationship shall not be held liable, provided  it  has  complied  with
  this  article  and  acted reasonably and in good faith, for the services
  rendered or not  rendered  by  the  caregiver  to  the  patient  at  the
  patient's residence.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2995-C - Health Care Plan and Preferred Provider Organization Data.

§  2995-c.  Health care plan and preferred provider organization data.
1.  Collection. The department shall collect  for  dissemination  via  a
statewide  health information system, any health care plan and preferred
provider organization data collected for public  dissemination  pursuant
to  the  quality  assurance  reporting  requirements  developed  by  the
department  in  conjunction  with  the  national  committee  on  quality
assurance.
2.  Preparation  of  data  and  public  review.  The  department shall
thereafter prepare the collected health care plan and preferred provider
organization data for dissemination. The department shall  provide  each
health  care  plan  with  a  copy  of the health care plan and preferred
provider organization data to be disseminated concerning it. In a manner
and time required by the department,  the  health  care  plan  shall  be
provided  with  an  opportunity  to correct factual inaccuracies, and to
file a statement in a form prescribed by the department  concerning  the
data, which statement shall be disseminated with the data.
3.  Dissemination.  The  department  shall  thereafter disseminate the
collected health care plan and  preferred  provider  organization  data,
organized  and  segregated  by  type of product and type of organization
offering the product, with  corrections  and  statements,  if  any.  The
department  shall  share  preferred  provider organization data with the
superintendent of financial services.
(a)  Thereafter,  the  health  care  plan   and   preferred   provider
organization  data so disseminated shall be updated at regular intervals
to be determined by the committee.
(b) All health care plan  and  preferred  provider  organization  data
disseminated  shall include the following statement: "THE DATA COLLECTED
BY THE DEPARTMENT IS ACCURATE TO THE BEST OF THE  KNOWLEDGE  OF  MEMBERS
AND  STAFF,  BASED  ON  THE INFORMATION SUPPLIED BY THE HEALTH CARE PLAN
WHICH IS THE SUBJECT OF THE DATA."
(c) If the department determines that  any  data  to  be  disseminated
pursuant  to  this  section  is not useful for determinations concerning
health care quality, the department shall recommend to  the  legislature
the necessary statutory changes.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2995-D - Further Study of Other Health Care Practitioner Data.

§  2995-d.  Further  study of other health care practitioner data. The
  department shall:
1.  Identify  the  classes  of  health  care  practitioners  licensed,
  certified  or  registered  pursuant to title eight of the education law,
  concerning  whom  it  would  be  feasible  and  useful  to  collect  and
  disseminate  information  useful  for  making  determinations concerning
  health care quality;
2. Investigate the types of  data  concerning  such  practitioners  to
  which  the  public  has  access,  including  all information provided by
  federal, state or local agencies,  and  the  applicable  data  reporting
  requirements;
3.  Determine  which  data  concerning  such  practitioners  and which
  methods of accessing such data, will be the most useful  and  convenient
  for health care consumers;
4.  Study  the  feasibility  and  utility  of  providing  practitioner
  profiles by means of the system commonly known as  the  Internet,  on  a
  single website; and
5.  Provide  a  report of its findings to the governor and legislature
  within eighteen months of the effective date of this section.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2996 - Study of Physician Credentialing.

§  2996.  Study  of  physician  credentialing. 1. The department shall
examine  the   feasibility   of   establishing   a   clearinghouse   for
credentialing  information  to reduce the burden for physicians required
to submit credentials to entities licensed and regulated by  the  state.
As part of such examination, the department shall:
(a)  examine  the  efficacy of the credentialing process prescribed by
section twenty-eight hundred five-j of this chapter;
(b) determine which methods of organizing such  a  clearinghouse  with
standardized  data  in  a  standardized format will provide the greatest
usability and convenience to  health  care  providers  and  health  care
plans;
(c)  identify  the  most  appropriate  entity  to  administer  such  a
clearinghouse, and verify collected credential information; and
(d)  identify  safeguards  to  protect  the   privacy   of   providers
participating in such a credentialing system.
2.  The  department  shall  provide  a  report  of  its  findings  and
recommendations to the governor and legislature within  eighteen  months
of the effective date of this section.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2997 - Patient Privacy.

§  2997.  Patient  privacy. 1. The department shall examine state laws
  protecting the privacy of individual patient  data,  and  determine  the
  necessity of supplementing existing protections.
2.  The  department  shall  examine federal initiatives protecting the
  privacy of  individual  patient  data,  and  such  federal  initiatives'
  potential preemptive effect on state law protections.
3.  The  department  shall  provide  a  report  of its findings to the
  governor and the legislature within eighteen  months  of  the  effective
  date of this section.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2997-A - Public Access.

§  2997-a.  Public  access. Nothing in this title shall abridge public
  access to information currently available  or  permitted  by  any  other
  provision  or rule of law. Nothing in this title shall not authorize the
  disclosure of otherwise confidential information, except pursuant to the
  express terms of this title.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2997-B - Pamphlet of Department Programs.

§  2997-b.  Pamphlet  of  department  programs. The commissioner shall
  develop and transmit to physicians in the state a pamphlet describing  a
  variety  of  department  programs  and  initiatives,  including  but not
  limited to smoking cessation programs, public health insurance programs,
  health and quality improvement information, the  patient  safety  center
  and  physician  profiles.  Each  physician practicing in the state shall
  make the pamphlet available in his or her  practice  reception  area  so
  that it is accessible to patients.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2997-C - Palliative Care Patient Information.

§ 2997-c. Palliative care patient information. 1. Definitions. As used
in  this section, the following terms shall have the following meanings,
unless the context clearly requires otherwise:
(a) "Appropriate" means consistent with applicable legal,  health  and
professional  standards; the patient's clinical and other circumstances;
and the patient's reasonably known wishes and beliefs.
(b) "Attending health care practitioner" means a  physician  or  nurse
practitioner  who  has primary responsibility for the care and treatment
of the patient. Where more than  one  physician  or  nurse  practitioner
share  that  responsibility,  each of them has responsibility under this
section, unless they agree to assign that responsibility to one of them.
(c)  "Palliative  care"  means  health   care   treatment,   including
interdisciplinary  end-of-life  care, and consultation with patients and
family members, to prevent or relieve pain and suffering and to  enhance
the  patient's  quality  of  life,  including hospice care under article
forty of this chapter.
(d) "Terminal illness or condition"  means  an  illness  or  condition
which  can  reasonably  be  expected  to  cause death within six months,
whether or not treatment is provided.
2. If a patient is diagnosed with a terminal illness or condition, the
patient's attending health care practitioner shall offer to provide  the
patient with:
(a)   information   and   counseling  regarding  palliative  care  and
end-of-life options  appropriate  to  the  patient,  including  but  not
limited  to:  the  range  of  options  appropriate  to  the patient; the
prognosis, risks and benefits of the various options; and the  patient's
legal  rights to comprehensive pain and symptom management at the end of
life, and
(b) information regarding other appropriate treatment  options  should
the  patient wish to initiate or continue treatment. The information and
counseling may be provided orally or in writing. Where the patient lacks
capacity to reasonably understand and make informed choices relating  to
palliative  care,  the  attending health care practitioner shall provide
information and counseling under this section to a person with authority
to make health care decisions for the patient. The attending health care
practitioner may arrange  for  information  and  counseling  under  this
section to be provided by another professionally qualified individual.
3. Where the attending health care practitioner is not willing or does
not   feel  qualified  to  provide  the  patient  with  information  and
counseling under this section, he  or  she  shall  arrange  for  another
physician or nurse practitioner to do so, or shall refer or transfer the
patient to another physician or nurse practitioner willing to do so.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2997-D - Hospital, Nursing Home, Home Care, Special Needs Assisted Living Residences and Enhanced Assisted Living Residences Palliative Care Support.

§  2997-d.  Hospital,  nursing home, home care, special needs assisted
living residences and enhanced  assisted  living  residences  palliative
care  support.  1.  (a)  "Palliative  care" means health care treatment,
including interdisciplinary  end-of-life  care,  and  consultation  with
patients  and  family  members, to prevent or relieve pain and suffering
and to enhance the patient's quality of  life,  including  hospice  care
under article forty of this chapter.
(b) "Appropriate" has the same meaning as paragraph (a) of subdivision
one of section twenty-nine hundred ninety-seven-c of this title.
2.   General  hospitals,  nursing  homes,  organizations  licensed  or
certified  pursuant  to  article  thirty-six  of   this   chapter,   and
organizations  licensed  as  special needs assisted living residences or
enhanced assisted living residences pursuant to article  forty-six-B  of
this chapter shall establish policies and procedures to provide patients
with  advanced  life limiting conditions and illnesses who might benefit
from palliative care, including  associated  pain  management,  services
with  access  to  information  and  counseling  regarding  such  options
appropriate to the patient. Policies must include provision for patients
who lack capacity to make medical decisions,  so  that  access  to  such
information  and  counseling  shall  be  provided to the persons who are
legally authorized to make medical decisions on behalf of such patients.
3.  General  hospitals,  nursing  homes,  organizations  licensed   or
certified   pursuant   to   article  thirty-six  of  this  chapter,  and
organizations licensed as special needs assisted  living  residences  or
enhanced  assisted  living residences pursuant to article forty-six-B of
this chapter shall facilitate  access  to  appropriate  palliative  care
consultations   and   services,  including  associated  pain  management
consultations and services,  including  but  not  limited  to  referrals
consistent with patient needs and preferences. The department shall take
into account access and proximity of palliative care services, including
the   availability  of  hospice  and  palliative  care  board  certified
practitioners and other related workforce staff, geographic factors, and
facility size that may impact development of palliative care services.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2997-E - Provision of Contact Information Relating to Long Term Care.

§ 2997-e. Provision of contact information relating to long term care.
  Whenever  a  health care provider or practitioner makes a recommendation
  regarding the necessity of long term care services or a referral for the
  receipt of long  term  care  services  to  a  patient,  the  patient  or
  patient's designated representative shall be provided by the health care
  provider  or  practitioner  the  contact  information  for  NY Connects:
  Choices for Long Term Care, established pursuant to subdivision eight of
  section two hundred three of the elder  law,  that  corresponds  to  the
  patient's  county  of residence or prospective county of residence based
  on the preference of the patient.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2997-F - Provision of Information Relating to Aging Services.

§  2997-f.  Provision  of  information  relating  to  aging  services.
  Whenever a hospital is discharging an individual aged sixty years of age
  or older,  the  hospital's  discharge  coordinator  shall  provide  such
  individual  with  a copy of the information provided to them pursuant to
  subdivision eleven of section two hundred three of the  elder  law  that
  corresponds to the individual's county of residence.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1 - Health Information › 2997-F-1 - Provision of Information Relating to Sudden Unexpected Death in Epilepsy.

§  2997-f-1.  Provision  of  information relating to sudden unexpected
death in epilepsy. 1. Any health care practitioner  who  is  treating  a
patient  diagnosed  with  epilepsy  and  at  elevated  risk  for  sudden
unexpected death in epilepsy, who has  primary  responsibility  for  the
treatment and care of the patient for epilepsy, other than a health care
practitioner  treating  such  patient  in  an emergency situation, shall
provide such patient with the following written information:
(a) current and evidence-based  information  about  sudden  unexpected
death  in  epilepsy risk factors and conditions reviewed and approved by
one or more professional not-for-profit organizations with expertise  in
neurology and epilepsy; and
(b)  contact  information  for  nonprofit  organizations  that provide
information and support services for epilepsy conditions.
2.(a) The commissioner shall provide  written  information  to  health
care  practitioners  necessary  to  implement  subdivision  one  of this
section, and shall post such information on the department's website.
(b) The commissioner shall ensure that such information is  culturally
and linguistically appropriate for all recipients.
(c)  Any  local  or  national  organization that provides education or
services  related  to  epilepsy  conditions   may   request   that   the
commissioner  include  such  organization's  informational  material and
contact information on the department's website. Once such a request  is
made,  the  commissioner  may  add  the  information to the department's
website at his or her discretion.
(d) The commissioner shall, in consultation with  local  and  national
organizations  that  provide  education  or services related to epilepsy
conditions, provide guidance to  health  care  practitioners  to  assist
health  care  practitioners  in  determining  whether  a  patient  is at
elevated risk for sudden unexpected death in epilepsy, including but not
limited to,  whether  the  patient  has  had  convulsive  seizures,  the
frequency  and  recency  of  such  seizures,  and  whether the patient's
symptoms have subsided in response to medicinal or surgical treatment.
3. A health care practitioner found to be in violation of this section
shall be issued a warning and shall suffer no further civil  penalty  or
discipline  on  any  first  offense,  provided  such  violation  was not
committed willfully and knowingly.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1-A - Safe Patient Handling › 2997-G - Legislative Intent.

§  2997-g.  Legislative  intent.  The  legislature  hereby  finds  and
  declares that it is in the public interest for health care facilities to
  implement safe patient handling policies. There are many  benefits  that
  can  be  derived  from  safe patient handling programs. Patients benefit
  through improved quality of care and quality of  life  by  reducing  the
  risk  of injury. Caregivers also benefit from the reduced risk of career
  ending and debilitating injuries leading to increased  morale,  improved
  job   satisfaction,   and  longevity  in  the  profession.  Health  care
  facilities may realize a return  on  their  investment  through  reduced
  workers'   compensation   medical  and  indemnity  costs,  reduced  lost
  workdays, and improved recruitment and retention of caregivers.  All  of
  this could lead to fiscal improvement in health care in New York State.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1-A - Safe Patient Handling › 2997-H - Definitions.

§ 2997-h. Definitions. For the purposes of this title:
1.  "Health  care  facility" shall mean general hospitals, residential
  health care facilities, diagnostic and treatment  centers,  and  clinics
  licensed  pursuant  to  article twenty-eight of this chapter, facilities
  which provide health care services and are licensed or operated pursuant
  to article eight  of  the  education  law,  article  nineteen-G  of  the
  executive  law  or the correction law, and hospitals and schools defined
  in section 1.03 of the mental hygiene law.
2. "Nurse" shall mean a registered professional nurse  or  a  licensed
  practical  nurse  as  defined  by article one hundred thirty-nine of the
  education law.
3. "Direct care worker" shall mean  any  employee  of  a  health  care
  facility  who  is responsible for patient handling or patient assessment
  as a regular or incidental part of his or her employment, including  any
  licensed or unlicensed health care worker.
4.  "Employee  representative"  shall mean the recognized or certified
  collective bargaining agent for nurses  or  direct  care  workers  of  a
  health care facility.
5. "Safe patient handling" shall mean the use of engineering controls,
  lifting  and transfer aids, or assistive devices by staff to perform the
  acts of lifting, transferring and repositioning health care patients and
  residents.
6. "Musculoskeletal disorders" shall mean conditions that involve  the
  nerves, tendons, muscles and supporting structures of the body.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1-A - Safe Patient Handling › 2997-I - Safe Patient Handling Workgroup.

§  2997-i.  Safe patient handling workgroup. 1. The commissioner shall
establish a safe patient handling workgroup (referred to in this section
as the "workgroup") within the department. The workgroup  shall  consist
of,  at  the  minimum,  the  commissioner  or  his  or her designee; the
commissioner of labor or his or her designee; representatives of  health
care provider organizations; representatives from employee organizations
representing  nurses  and  representatives  from  employee organizations
representing direct care workers; representatives of  nurse  executives;
representatives who are certified ergonomist evaluation specialists; and
representatives  who  have  expertise in fields of discipline related to
health care or occupational safety.
2. Workgroup members shall receive no compensation for their  services
as  members  of  the  workgroup,  but shall be reimbursed for actual and
necessary expenses incurred in the performance of their duties.
3. The workgroup shall be established no later than January first, two
thousand fifteen.
4. The workgroup shall:
(a) Review  existing  safe  patient  handling  programs  or  policies,
including  demonstration programs previously authorized by chapter seven
hundred thirty-eight of the laws of two thousand five and national  data
and results;
(b)  Consult  with  any  organization,  educational institution, other
government entity or agency or person that the workgroup determines  may
be  able  to  provide  information  and expertise on the development and
implementation of safe patient handling programs;
(c) Identify or develop training materials for consideration by health
care facilities; and
(d) Submit a report to the commissioner by July  first,  two  thousand
fifteen  identifying  safe  patient  handling  program  best  practices,
providing examples of sample policies,  and  identifying  resources  and
tools  useful  for  providers to meet the goals of safe patient handling
policies.
5.  All  state  departments,   commissions,   agencies,   and   public
authorities  shall  provide  the workgroup with any reasonably requested
assistance or advice in a timely manner.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1-A - Safe Patient Handling › 2997-J - Dissemination of Best Practices, Examples of Sample Safe Patient Handling Policies and Other Resources and Tools.

§  2997-j.  Dissemination  of  best practices, examples of sample safe
  patient  handling  policies  and  other   resources   and   tools.   The
  commissioner  shall  disseminate best practices, examples of sample safe
  patient handling policies, and other resources and tools to health  care
  facilities,  taking  into  consideration the recommendations of the safe
  patient handling workgroup. Such best practices, examples of sample safe
  patient handling policies, and other resources and tools shall  be  made
  available  to  all facilities covered by this title on or before January
  first, two thousand sixteen.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 1-A - Safe Patient Handling › 2997-L - Activities.

§ 2997-l. Activities. The activities enumerated in section twenty-nine
  hundred ninety-seven-k of this title shall be undertaken consistent with
  section  twenty-eight hundred five-j of this chapter by a covered health
  care provider  and  shall  be  deemed  activities  of  such  program  as
  described  in  such  section and any and all information attributable to
  such activities shall be subject to provisions of  section  twenty-eight
  hundred   five-m   of   this  chapter  and  section  sixty-five  hundred
  twenty-seven of the education law.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 2 - Quality Improvement › 2998 - Patient Safety Center.

§  2998.  Patient  safety  center.  1. There is established within the
  department a patient safety center, referred to in this article as  "the
  center".
2.  The  purpose  of  the center is to maximize patient safety, reduce
  medical errors, and improve the quality  of  health  care  by  improving
  systems  of  data reporting, collection, analysis and dissemination, and
  to improve public  access  to  health  care  information  not  otherwise
  restricted.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 2 - Quality Improvement › 2998-A - Information.

§   2998-a.  Information.  1.  The  center  shall  identify  available
  information that is  useful  for  maximizing  patient  safety,  reducing
  medical errors, and improving health care quality, including information
  available  from  federal,  state  and  local  agencies. The center shall
  evaluate reporting requirements  and  develop  recommendations  for  the
  legislature to consolidate data collection and eliminate duplicative and
  unnecessary reporting requirements, and to supplement existing reporting
  requirements in order to satisfy the requirements of this article.
2.  The center shall promote the coordination of the activities of the
  center with the duties and  responsibilities  of  the  department  under
  title  one  of  this  article,  and  with federal and other programs for
  improving patient safety or health care quality  including  programs  of
  the  national  forum  for  health care quality measurement and reporting
  (quality forum).
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 2 - Quality Improvement › 2998-B - Safety Goals.

§ 2998-b. Safety goals. 1. The center shall:
(a)   Promote  the  development  and  dissemination  or  regional  and
statewide  performance  information,  and   efforts   by   health   care
organizations,  health  plans,  health  care  providers  and health care
professionals  to  participate  in  voluntary,  cooperative  efforts  to
improve  patient  safety  and health care quality, consistent with state
law;
(b) Utilize the  information  collected  pursuant  to  this  title  to
recommend  statewide  medical  safety  goals  and  track the progress of
health care providers in meeting these safety goals;
(c)  Develop  programs  to  assure  the  validity  of  statewide  data
reporting systems, including the use of random audit;
(d)  Analyze  and  report  on  health  care performance of health care
providers and health care professionals in New York  state  pursuant  to
this title; and
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 2 - Quality Improvement › 2998-C - Best Practices.

§ 2998-c. Best practices. 1. The center shall:
(a)  Review  and  promote research to assist health care providers and
health plans in identifying systemic problems in health care leading  to
medical  errors  or  impairing  patient  safety  or health care quality,
identifying appropriate quality improvement  strategies  and  developing
and adopting health care best practices;
(b) Serve as a clearing house of information for health care providers
concerning quality improvement strategies and best practices; and
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 2 - Quality Improvement › 2998-D - Voluntary and Collaborative Reporting System.

§ 2998-d. Voluntary and collaborative reporting system. The center, in
  collaboration  with health care providers, shall develop a voluntary and
  collaborative  reporting  system,  for   the   purposes   of   obtaining
  information  useful  for  maximizing  patient  safety,  reducing medical
  errors, and improving the quality of health care pursuant to this title.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 2 - Quality Improvement › 2998-E - Reporting in Office Based Surgery.

§  2998-e.  Reporting in office based surgery. 1. The commissioner may
  enter  into  agreements  with  accrediting  agencies  to   require   all
  office-based  surgical  practices  to  conduct  quality  improvement and
  quality assurance activities and utilize certification by an appropriate
  certifying  organization,  hospital  privileging  or  other   equivalent
  methods to determine competency of practitioners to perform office-based
  surgery,  carry  out  surveys  or  complaint/incident investigations and
  shall report, at a minimum, findings of surveys  and  complaint/incident
  investigations,   and  data  for  all  office-based  surgical  practices
  accredited by the accrediting agencies to the department. The department
  may disclose reports of aggregate data to the public.
2. The information required to be collected, maintained  and  reported
  directly  to  the department and the accrediting agencies and maintained
  by office-based surgery practices under adverse event reporting, quality
  improvement and quality assurance activities  pursuant  to  section  two
  hundred  thirty-d  of  this chapter shall be kept confidential and shall
  not be released, except to the department  and  except  as  required  or
  permitted under subdivision nine-a and subparagraph (v) of paragraph (a)
  of  subdivision  ten  of  section  two  hundred  thirty of this chapter.
  Notwithstanding any other provision of  law,  none  of  the  information
  collected,  maintained and reported to the department or the accrediting
  agencies, and maintained by the  office-based  surgery  practices  under
  adverse  event  reporting,  quality  improvement  and  quality assurance
  activities pursuant to this section shall be subject to disclosure under
  article six of the public officers law  or  article  thirty-one  of  the
  civil practice law and rules.
3.  The  commissioner  shall  make, adopt, promulgate and enforce such
  rules and regulations, as he or she may deem appropriate, to  effectuate
  the  purposes  of  this section. Where any rule or regulation under this
  section would affect the scope of practice of a health care practitioner
  licensed, registered or certified under title eight of the education law
  other than those licensed under articles one hundred thirty-one  or  one
  hundred  thirty-one-B of the education law, the rule or regulation shall
  be made with the concurrence of the commissioner of education.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 2 - Quality Improvement › 2998-F - Reporting of the Health Risk Factors of Excessive Alcohol Consumption.

§  2998-f.  Reporting  of the health risk factors of excessive alcohol
consumption.  The  department,  in  collaboration  with  the  office  of
addiction services and supports and health care providers, shall collect
data  on  and  report  the  health  risk  factor  of  excessive  alcohol
consumption and alcohol poisoning, including the risk factors  of  heavy
and binge drinking. The report shall be submitted annually, on or before
November  first, to the governor, the temporary president of senate, the
speaker of the assembly and the chairpersons of the assembly and  senate
health committees. The report shall include, at a minimum, the following
information on a county basis:
(a) information on excessive alcohol consumption and alcohol poisoning
deaths, including age, gender, ethnicity, and geographic location;
(b)  data  on  emergency room utilization for the treatment of alcohol
poisoning; and
(c) any other information necessary to ascertain areas  of  the  state
which  are  experiencing  particularly  high  rates of excessive alcohol
consumption and  alcohol  poisoning,  ways  to  determine  if  services,
resources,  and responses in particular areas of the state area having a
positive impact on reducing excessive alcohol  consumption  and  alcohol
poisoning. Such reporting may be through a web-based dashboard.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 2 - Quality Improvement › 2999 - Contracting With Private Entities.

§  2999.  Contracting  with  private entities. The center may contract
  with one or more private entities to undertake the duties delineated  in
  this   title.   Such   entities   shall   remain   subject  to  existing
  confidentiality protections.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 2 - Quality Improvement › 2999-A - Public Access.

§  2999-a.  Public  access. Nothing in this title shall abridge public
  access to information currently available  or  permitted  by  any  other
  provision  or  rule  of  law.  Nothing in this title shall authorize the
  disclosure of otherwise confidential information, except pursuant to the
  express terms of this title.
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 3 - Pay for Performance › 2999-B - Legislative Intent.

* § 2999-b. Legislative intent. It is the intent of the legislature to
  promote  patient  safety  and  the  quality of care, as well as the cost
  effectiveness of such care, by convening providers and payers to develop
  clinical  measures,  and  the  metrics  on  which  to  measure  provider
  performance. Thereafter, it is the legislature's intent to encourage and
  support   regional  demonstration  projects  involving  multiple  payors
  utilizing such metrics as the basis for providing  financial  incentives
  to providers to achieve increased quality and cost effectiveness.
* NB Expired April 1, 2011
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 3 - Pay for Performance › 2999-C - Definition.

* § 2999-c. Definition. "Health care plan" shall have the same meaning
  set  forth  in  subdivision four-e of section forty-nine hundred of this
  chapter.
* NB Expired April 1, 2011
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 3 - Pay for Performance › 2999-D - Commissioner's Workgroup.

* §  2999-d.  Commissioner's  workgroup.  1.  The  commissioner shall,
within ninety days of the effective date  of  this  title,  convene  and
chair,  directly  or  through  a  designee  or  designees,  a  workgroup
including but not necessarily limited to  representatives  of  statewide
and  regional  health  care  provider  associations,  health  care  plan
associations and conferences, hospital representatives, consumers, labor
and   self-insured   employers.   The   commissioner   shall    consider
recommendations  and  criteria  developed  by  the  workgroup  in making
determinations under this title.
2. The  workgroup  shall  seek  consensus  on  clinical  measures  and
measurement criteria necessary and appropriate to achieve improvement in
quality  performance  by  providers  in delivering health care services;
further, it shall  develop  metrics  to  be  utilized  by  demonstration
projects  selected  pursuant to the provisions of this title which will,
when implemented:
(a) promote the use of  best  practices  through  the  development  of
broadly agreed upon evidence-based performance measures;
(b)  improve  care  coordination through the participation of multiple
stakeholders;
(c) institute long-term quality improvement;
(d) encourage appropriate utilization  of  health  care  services  and
improve  health  outcomes  through  the  use  of evidence-based medicine
practice guidelines; and
(e) promote self-management by consumers through the implementation of
patient-specific metrics and resource supports for consumers.
3. In its recommendations, the workgroup shall give  consideration  to
the  appropriate number of participants in each demonstration project as
well as the geographic boundaries of each demonstration project.
* NB Expired April 1, 2011
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 3 - Pay for Performance › 2999-E - Demonstration Projects.

* §   2999-e.   Demonstration   projects.   1.   Notwithstanding   any
inconsistent  regulation  of  the  department,   the   commissioner   is
authorized and shall select up to five demonstration projects throughout
the  state,  pursuant  to  a  competitive  bid  or  request for proposal
process, which have been determined by the commissioner to encompass one
or more of the following elements:
(a) use of the workgroup metrics  to  measure  and  reward  physician,
clinic and hospital performance;
(b)  involvement  of  multiple  payers, including government programs,
multiple providers and  multiple  communities  voluntarily  agreeing  to
employ  the  workgroup  metrics to reward physician, clinic and hospital
performance for quality improvement;
(c) use of information technology to share patient  information  among
providers to improve coordination of patient care;
(d)   targeted   improvement   in   care   coordination   through  the
participation of multiple stakeholders;
(e) collection, analysis and public  reporting  on  the  risk-adjusted
measures, incentives and processes utilized, and outcomes; and
(f)  programs  to enhance patient self-management through adherence to
treatment plans.
2. In evaluating proposed  demonstration  projects,  the  commissioner
shall  consider  the  degree  to  which  a proposed project reflects the
elements listed above including demonstrated commitments on the part  of
all practitioners, providers and payors to participate.
3.  (a)  There shall be no more than five demonstration projects under
this title.
(b) Where any demonstration project involves recipients  of  Medicaid,
family  health  plus,  or  child health plus, those recipients shall not
constitute more than half the individuals covered by  the  demonstration
project  and  their  health  care,  measured  in  the  amount  of annual
reimbursement, shall not cover more than half of the health care covered
by the demonstration project.
(c) No demonstration  project  shall  limit  the  scope  or  terms  of
coverage  or  limit  the  grounds  or  procedural rights for appealing a
denial of reimbursement for a health care  service,  for  any  consumer,
enrollee, or recipient subject to the demonstration project.
* NB Expired April 1, 2011
2023 New York Laws › PBH - Public Health › Article 29-D - Health Information and Quality Improvement › Title 3 - Pay for Performance › 2999-F - Authorizations.

* §  2999-f.  Authorizations.  1.  The  commissioner may contract with
projects and provide grants to support projects to the extent funds  are
appropriated for such purpose.
2.  Upon the request of a sponsoring health plan, the commissioner may
authorize the participation of the  Medicaid,  family  health  plus  and
child  health  plus  programs  in  one  or  more demonstration projects,
provided that enrollee participation shall be on a voluntary basis.
3. The commissioner may contract with  entities  possessing  expertise
deemed necessary to assist in the evaluation of the metrics developed by
the  workgroup  and  individual  project designs to the extent funds are
appropriated for such purpose.
4. The commissioner shall report to the governor and  the  legislature
on  or  before  March  first,  two  thousand  six, on the results of the
commissioner's workgroup, and shall report within  three  years  of  the
effective  date  of  this  title,  and  again  six  months  prior to the
expiration date of this title, on the number of  demonstration  projects
chosen  and  on  the  operation  and effectiveness of each demonstration
undertaken, together with any  recommendations  the  commissioner  deems
appropriate.
5. Nothing in this title shall:
(a)  diminish or waive any right, remedy or benefit of any health care
provider, consumer, enrollee, or recipient under the provisions of  this
chapter, the insurance law or the social services law; or
(b)  diminish,  waive,  or provide any exemption from any provision of
the anti-trust or trade regulation laws  of  the  state  or  the  United
States; or
(c)  diminish,  waive  or  supersede  any  provision  of an applicable
collective bargaining agreement.
6. This title shall expire on April first, two thousand eleven.
* NB Expired April 1, 2011