reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 404 - INTEGRATED OUTPATIENT SERVICES › Section 404.5 - Integrated Care Models

Current through Register Vol. 46, No. 28, July 10, 2024
Integrated services providers will be approved by the
						appropriate state licensing agency and designated to deliver integrated care
						services as one of the following models:
(a) Primary Care Host Model: Given the
					 recognition that the general health care system can serve as a gateway to the
					 behavioral health care system, treatment for substance use disorder and/or
					 mental illness is integrated into a single outpatient physical health setting.
					 In this model, a diagnostic and treatment center or a general hospital
					 outpatient program shall be the host site and the department shall be
					 responsible for monitoring compliance of an integrated services provider with
					 the provisions of this Part.
(b)
					 Mental Health Behavioral Care Host Model: Given that persons with mental health
					 disorders frequently have a co-occurring substance use disorder and/or also
					 experience chronic illnesses, treatment for substance use disorder and/or
					 physical health is integrated into a single outpatient mental health setting.
					 In this model, an Article 31 clinic treatment program shall be the host site
					 and the Office of Mental Health shall be responsible for monitoring compliance
					 of an integrated services provider with the provisions of this Part.
(c) Substance Use Disorder Behavioral Care
					 Host Model: Given that persons with substance use disorders frequently have a
					 co-occurring mental health disorder and/or also experience chronic illnesses,
					 treatment for mental illness and/or physical health is integrated into a single
					 outpatient substance use disorder treatment setting. In this model, an Article
					 32 substance use disorder outpatient treatment clinic shall be the host site
					 and the Office of Alcoholism and Substance Abuse Services shall be responsible
					 for monitoring compliance of an integrated services provider with the
					 provisions of this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 404 - INTEGRATED OUTPATIENT SERVICES › Section 404.6 - Organization and Administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 provider may only promote itself as an integrated services provider if the
					 providers has been properly certified by an appropriate state licensing agency,
					 pursuant to this Part.
(b)
					 Governing Authority
(1) The established
					 governing authority shall be legally responsible for the quality of patient
					 care services, for the conduct and obligations of the integrated services
					 provider and for ensuring compliance with all Federal, State and local laws,
					 including the New York State Public Health Law, Mental Hygiene Law, and the
					 Education Law.
(2) In order to
					 achieve and maintain generally accepted standards of professional practice and
					 patient care services, the governing authority shall establish, cause to
					 implement, maintain and, as necessary, revise its practices, policies and
					 procedures for the ongoing evaluation of the services operated or delivered by
					 the integrated services providers and for the identification, assessment and
					 resolution of problems that may develop in the conduct of the
					 program.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 404 - INTEGRATED OUTPATIENT SERVICES › Section 404.9 - Integrated Care Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Primary
					 Care Services
(1)
General
					 Principles.
Integrated services providers of primary care services
					 shall effectively meet patient physical health needs by:
(i) providing patient care in a continuous
					 manner by the same health care practitioner, whenever possible;
(ii) appropriately referring to other health
					 care facilities or health care practitioners for services not
					 available;
(iii) identifying,
					 assessing, reporting and referring cases of suspected or confirmed child abuse
					 or maltreatment;
(iv) identifying,
					 assessing, reporting and referring cases of suspected or confirmed domestic
					 violence;
(v) ensuring that all
					 staff receive education in the identification, assessment, reporting and
					 referral of cases of suspected child abuse or maltreatment or domestic
					 violence; and
(vi) developing a
					 written plan of treatment which shall be periodically revised, as necessary, in
					 consultation with other health care professionals.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 404 - INTEGRATED OUTPATIENT SERVICES › Section 404.13 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An integrated
					 services provider shall maintain a record of all integrated care services
					 provided to an individual who is admitted to and treated by such provider, and
					 this may be accomplished via a single integrated record for the
					 individual.
(b) Regardless of form
					 or format, each integrated care services program shall establish a
					 recordkeeping system which is maintained in accordance with recognized and
					 accepted principles of recordkeeping.
(c) Each integrated care services program
					 shall designate a staff member who has overall supervisory responsibility for
					 the recordkeeping system. The recordkeeping supervisor shall ensure that:
(1) the integrated care record for each
					 patient contains and centralizes all physical and behavioral health information
					 which identifies the patient, justifies the treatment and documents the results
					 of such treatment;
(2) entries in
					 the integrated care record are current, legible to individuals other than the
					 author, are authenticated with a signature of the person making the entry,
					 date, and time;
(3) handwritten
					 entries must be made in permanent, non-erasable blue or black ink or
					 typed;
(4) information contained in
					 the integrated care record is securely maintained, kept confidential,
					 safeguarded from environmental damage, and made available only to authorized
					 persons who have a need to know the information; and
(5) when a patient is treated by an outside
					 provider, and that treatment is relevant to the patient's care, a clinical
					 summary or other pertinent documents are obtained to promote continuity of
					 care; if documents cannot be obtained, the reason must be noted in the
					 integrated care record.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
					 hospitals, hereinafter referred to as hospitals, shall comply with all of the
					 requirements of this Part:
(1) hospitals
					 shall comply with construction standards contained in Article 2 of Subchapter C
					 of this Chapter (Medical Facility Construction); and
(2) the commissioner may accept as evidence
					 of compliance with the minimum operational standards of this Part,
					 accreditation by an accreditation agency to which the Centers for Medicare and
					 Medicaid Services has granted deeming status and which the commissioner has
					 determined has accrediting standards sufficient to assure the commissioner that
					 hospitals so accredited are in compliance with such operational standards. The
					 commissioner can choose to enter into collaborative agreements with such
					 accreditation agencies so that the accreditation agency's accreditation survey
					 can be used in lieu of a departmental survey. A list of accreditation agencies
					 with which the department has a collaborative agreement will be posted on the
					 department's website. Hospitals shall notify the commissioner in writing within
					 seven days after receipt of notice of failure to be accredited, re-accredited
					 or the loss of accreditation by the accreditation agency.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.4 - Medical staff

Current through Register Vol. 46, No. 28, July 10, 2024
The hospital shall have an organized medical staff that
						operates under bylaws approved by the governing body.
(a) Medical staff accountability.
The medical staff shall be organized and accountable to
						the governing body for the quality of the medical care provided to all
						patients.
(1) The medical staff shall
					 establish objective standards of care and conduct to be followed by all
					 practitioners granted privileges at the hospital. Those standards shall:
(i) be consistent with prevailing standards
					 of medical and other licensed health care practitioner standards of practice
					 and conduct; and
(ii) afford
					 patients their rights as patients in accordance with the provisions of this
					 Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.6 - Quality assurance program

Current through Register Vol. 46, No. 28, July 10, 2024
The governing body shall establish and maintain a
						coordinated quality assurance program which integrates the review activities of
						all hospital services to enhance the quality of patient care and identify and
						prevent medical, dental and podiatric malpractice.
(a) The governing body shall establish a
					 quality assurance committee, at least one member to be a member of the
					 governing body of the hospital and who is not otherwise affiliated with the
					 hospital in an employment or contractual capacity. The quality assurance
					 committee shall report its activities, findings and recommendations to the
					 governing body as often as necessary, but no less often than four times a year.
					 The quality assurance committee shall:
(1)
					 develop a written plan which details:
(i) the
					 establishment and implementation of a medical, dental and podiatric malpractice
					 prevention program;
(ii) the manner
					 in which the committee will relate to the medical staff executive committee, if
					 any, the hospital governing body and the chief executive officer;
(iii) the manner in which the medical, dental
					 and podiatric malpractice program will relate to other hospital administrative
					 mechanisms and procedures;
(iv) the
					 role and responsibility of each service or department in the quality assurance
					 process; and
(v) the authority of
					 the committee regarding recommendation or implementation of corrective
					 action;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.9 - Admission/discharge

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) The governing body
					 shall establish and implement written admission and discharge policies to
					 protect the health and safety of the patients and shall not assign or delegate
					 the functions of admission and discharge to any referral agency and shall not
					 permit the splitting or sharing of fees between a referring agency and the
					 hospital.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.10 - Medical records

Current through Register Vol. 46, No. 28, July 10, 2024
The hospital shall have a department that has
						administrative responsibility for medical records. An accurate, clear, and
						comprehensive medical record shall be maintained for every person evaluated or
						treated as an inpatient, ambulatory patient, emergency patient or outpatient of
						the hospital.
(a)
General
					 requirements.
(1) Medical records
					 shall be legibly and accurately written, complete, properly filed, retained and
					 accessible in a manner that does not compromise the security and
					 confidentiality of the records.
(2)
					 The hospital shall establish, implement and monitor an effective system of
					 author identification for medical records and/or medical orders to ensure the
					 integrity of the authentication and protect the security of all transmissions,
					 records and record entries. This system shall identify those categories of
					 practitioners and personnel who are authorized to utilize electronic or
					 computer authentication systems.
(3) The hospital shall ensure that all
					 medical records are completed within 30 days following discharge.
(4) Medical records shall be retained in
					 their original or legally reproduced form for a period of at least six years
					 from the date of discharge or three years after the patient's age of majority
					 (18 years), whichever is longer, or at least six years after death.
(5) The hospital shall have a system of
					 coding and indexing medical records. The system shall allow for timely
					 retrieval by diagnosis and procedure, in order to support quality assurance
					 studies.
(6) The hospital shall
					 ensure the confidentiality of patient records. Original medical records,
					 information from or copies of records shall be released only to hospital staff
					 involved in treating the patient and individuals as permitted by Federal and
					 State laws.
(7) The hospital shall
					 allow patients and other qualified persons to obtain access to their medical
					 records and to add brief written statements which challenge the accuracy of the
					 medical record documentation to become a permanent part of the medical record,
					 in accordance with the provisions of Part 50 of Chapter II of this Title and
					 the provisions of Public Health Law, section 18(4).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.11 - Infection control

Current through Register Vol. 46, No. 28, July 10, 2024
The hospital shall provide a sanitary environment to
						avoid sources and transmission of nosocomial infections and of communicable
						diseases which may lead to morbidity or mortality in patients and hospital
						personnel. The hospital shall establish an effective infection control program
						for the prevention, control, investigation and reporting of all communicable
						disease and increased incidence of infections, including nosocomial infections,
						consistent with current acceptable standards of professional practice. The
						hospital-wide infection control program shall be reviewed as frequently as
						necessary but not less than once per year, and updated as necessary to promote
						optimal effectiveness.
(a)
Organization.
The hospital shall designate an infection control
						professional who is responsible for the development and implementation of a
						hospital-wide infection control program. This individual shall be qualified by
						training in infection surveillance, prevention and control and also have
						knowledge or job experience in epidemiological principles, infectious diseases
						and infection control practices.
(b)
Nosocomial surveillance, prevention
					 and control.
The hospital-wide infection control program shall include
						processes designed to reduce the risk of endemic and epidemic nosocomial
						infections and communicable diseases in patients and hospital personnel. Such
						processes shall include methods to:
(1)
					 collect and analyze surveillance data including case findings and
					 identification of epidemiologically important nosocomial infections and
					 communicable disease;
(2) prevent
					 or reduce the risk of nosocomial infections; and
(3) control the spread of infection and
					 communicable diseases and epidemiologically important organisms.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.12 - Surgical services

Current through Register Vol. 46, No. 28, July 10, 2024
If surgical services are provided, the hospital shall
						develop and keep current and implement effective written policies and
						procedures regarding staff privileges consistent with provisions set forth in
						section 405.4 of this Part, the
						performance of surgical procedures, the maintenance of safety controls and the
						integration of such services with other related services of the hospital to
						protect the health and safety of the patients in accordance with generally
						accepted standards of medical practice and patient care. Such policies and
						procedures shall be reviewed and updated as necessary, but at a minimum
						biennially.
(a)
Organization and
					 direction.
The surgical service shall be directed by a physician who
						shall be responsible for the clinical aspects of organization and delivery of
						all in-patient and ambulatory surgical services provided to hospital patients.
						That physician or another individual qualified by training and experience shall
						direct administrative aspects of the service.
(1) The operating room shall be supervised by
					 a registered professional nurse or physician who the hospital finds qualified
					 by training and experience for this role.
(i)
					 Nursing personnel shall be on duty in sufficient number for the surgical suite
					 in accordance with the needs of patients and the complexity of services they
					 are to receive and in accordance with the annual clinical staffing plan
					 established under paragraph (8) of subdivision (a) of section
					 405.5 of this Title.
(ii) A registered professional nurse
					 qualified by the hospital and by training and experience in operating room
					 nursing shall be present as the 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.
(iii) Licensed practical nurses and surgical
					 technologists may perform scrub functions and may assist in circulating duties
					 under the supervision of the circulating nurse who is present in the operating
					 room for the duration of the procedure, in accordance with policies and
					 procedures established by the medical staff and the nursing service and
					 approved by the governing body.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.13 - Anesthesia services

Current through Register Vol. 46, No. 28, July 10, 2024
If anesthesia services are provided within a hospital,
						the hospital shall develop, implement and keep current effective written
						policies and procedures regarding staff privileges consistent with provisions
						set forth in section
						405.4 of this Part, the
						administration of anesthetics, the maintenance of safety controls and the
						integration of such services with other related services of the hospital to
						protect the health and safety of the patients in accordance with generally
						accepted standards of medical practice and patient care. Such policies and
						procedures shall be reviewed and updated as necessary, but at a minimum
						biennially. Hospitals providing living liver donor transplants shall also
						comply with the provisions contained in section
						405.31(p)(2) of
						this Part.
(a)
Organization and
					 direction.
Anesthesia services shall be directed by a physician who
						has responsibility for the clinical aspects of organization and delivery of all
						anesthesia services provided by the hospital. That physician or another
						individual qualified by education and experience shall direct administrative
						aspects of the service.
(1) The
					 director shall be responsible, in conjunction with the medical staff, for
					 recommending to the governing body privileges to those persons qualified to
					 administer anesthetics, including the procedures each person is qualified to
					 perform and the levels of required supervision as appropriate. Anesthesia shall
					 be administered in accordance with their credentials, competencies and
					 privileges by the following:
(i)
					 anesthesiologists;
(ii) physicians
					 granted anesthesia privileges;
(iii) dentists, oral surgeons, or podiatrists
					 who are qualified to administer anesthesia under State law;
(iv) certified registered nurse anesthetists
					 (CRNA's) under the supervision of an anesthesiologist who is immediately
					 available as needed or under the supervision of the operating physician who has
					 been found qualified by the governing body and the medical staff to supervise
					 the administration of anesthetics and who has accepted responsibility for the
					 supervision of the CRNA; or
(v) a
					 student enrolled in a school of nurse anesthesia accredited by the Council on
					 Accreditation of Nurse Anesthesia Educational Programs may administer
					 anesthesia as related to such course of study under the direct personal
					 supervision of a certified registered nurse anesthetist or an
					 anesthesiologist.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.14 - Respiratory care services

Current through Register Vol. 46, No. 28, July 10, 2024
Respiratory care services shall be provided in a manner
						which assures the safe and effective operation and management of staff and
						services necessary to provide respiratory care to hospital patients at all
						times. The service shall have effective and current written policies and
						procedures regarding staff assignments, the administration of medication,
						diluents and oxygen, the maintenance of safety controls and the integration of
						such services with other related services of the hospital.
(a)
Organization and direction.
The services shall be directed by a physician who shall
						be responsible for the clinical aspects of organization and delivery of all
						respiratory care services. The physician, or another individual qualified by
						training and experience shall direct administrative aspects of the
						service.
(1) Respiratory care services
					 shall be provided by staff who possess the necessary qualifications specified
					 by the medical staff, consistent with provisions of the New York State
					 Education Law.
(i) Each individual who
					 provides respiratory care services shall be competent to provide such services
					 as evidenced by education, training and experience and where applicable
					 demonstrated adherence to hospital policies and procedures.
(ii) A sufficient number of qualified
					 competent professional and support personnel shall be available to meet the
					 respiratory care needs of the patient.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.16 - Laboratory services

Current through Register Vol. 46, No. 28, July 10, 2024
The hospital shall provide laboratory services that meet
						the needs of the patients as determined by the medical staff and the
						hospital.
(a) The hospital shall
					 ensure that all clinical laboratory services provided or arranged for by the
					 hospital comply with article 5, title V of the New York State Public Health Law
					 and with Subpart 58-1 (Clinical Laboratories) of this Title, or for facilities
					 located in New York City, with article 13 of the New York City Health Code.
					 Hospitals shall ensure that all blood banks and transfusion services comply
					 with article 31 of the New York State Public Health Law and Subpart 58-2 (Blood
					 Banks) of this Title.
(b) The
					 hospital shall maintain an adequately organized and supervised clinical
					 laboratory with the necessary staff, space, facilities and equipment to meet
					 the needs of its patients.
(1) Emergency
					 laboratory services shall be available 24 hours a day, seven days a week,
					 including holidays.
(2) For
					 emergency situations, the hospital shall have immediately available a minimum
					 blood supply.
(3) A written
					 description of all laboratory services provided shall be available to the
					 medical staff.
(4) The laboratory
					 shall make provision for the proper receipt and reporting of tissue
					 specimens.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.19 - Emergency services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) Emergency services
					 shall be provided in accordance with this subdivision or subdivisions (b)
					 through (e) of this section as appropriate.
(2) If emergency services are not provided as
					 an organized service of the hospital, the governing body and the medical staff
					 shall assure:
(i) prompt physician evaluation
					 of patients presenting with emergencies;
(ii) initial treatment and stabilization or
					 management; and
(iii) transfer,
					 where indicated, of patients to an appropriate receiving hospital. The hospital
					 shall have a written agreement with local emergency medical services (EMS) to
					 accommodate the need for timely inter-hospital transfer on a 24 hours a day, 7
					 days a week, 365 days a year basis.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.20 - Outpatient services

Current through Register Vol. 46, No. 28, July 10, 2024
Outpatient services, including ambulatory care services
						and extension clinics, shall be provided in a manner which safely and
						effectively meets the needs of the patients.
(a)
General requirements.
As a minimum when provided, outpatient services shall
						comply with the rules and regulations set forth in this Part as well as the
						outpatient care provisions of Part 751, sections 752.1 and
						753.1 and Parts 756, 757 and 758
						of Subchapter C of this Title.
(1) The
					 provision of this section shall apply to hospital-sponsored ambulatory
					 services, including part-time and off-site clinics, which accept primary
					 responsibility for health supervision and medical care of patients.
(2) The hospital shall ensure that all care
					 provided by its ambulatory services is in accordance with prevailing standards
					 of professional practice.
(3) The
					 hospital shall conduct periodic reviews of the care rendered by its ambulatory
					 services as part of its overall quality assurance program.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.23 - Food and dietetic services

Current through Register Vol. 46, No. 28, July 10, 2024
The hospital shall have an organized dietary department
						that is directed and staffed by an adequate number of qualified personnel. The
						hospital shall ensure that each patient's dietary needs are considered and
						correlated with physician's orders and with the patient's overall health status
						and that quality nutritional care is provided to patients.
(a)
General.
(1) The hospital food and dietetic services,
					 including cafeterias and snack bars, shall be operated in conformance with the
					 sanitary requirements of Part 14 (Service Food Establishments) of Chapter I
					 (State Sanitary Code) of this Title.
(2) Nutritional needs of patients shall be
					 met in accordance with recognized dietary practices and in accordance with
					 orders of the practitioner or practitioners responsible for the care of the
					 patients.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.24 - Environmental health

Current through Register Vol. 46, No. 28, July 10, 2024
The hospital shall be operated and maintained to ensure
						the safety of patients.
(a)
Building and grounds.
Facility grounds and physical plant shall be maintained
						in a manner to assure a safe and suitable environment for patients.
(1) Grounds and buildings shall be maintained
					 in functional condition and to meet design intent, free of safety hazards,
					 excessive noise, odors and environmental pollutants as may adversely affect the
					 health or welfare of patients.
(2)
					 There shall be facilities for emergency provision of adequate fuel and water
					 supplies during any period in which the supply of fuel and/or water from usual
					 sources temporarily becomes disrupted.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.25 - Organ and tissue donation (anatomical gifts)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
For the purposes of this section, the following terms
						shall have the following meanings:
(1)
designated requestor
shall mean a person selected by the
					 hospital to discharge the responsibilities of requesting the spouse, next of
					 kin or guardian of the decedent to consent to an anatomical gift. The
					 designated requestor shall be a trained hospital employee, or an employee of an
					 organ procurement organization, eye bank or other tissue bank. Designated
					 requestors, at a minimum, must complete a course, that meets the criteria set
					 forth in subdivision (e) of this section, provided or approved by an organ
					 procurement organization and designed in consultation with the eye bank or
					 other tissue bank community, whichever is applicable, on how to approach
					 potential donor families and request organ, eye or other tissue donation. The
					 hospital administrator may select more than one designated requestor;
(2)
suitability for organ, eye and
					 other tissue donation
shall mean that the organ procurement
					 organization, eye bank or other tissue bank in consultation with the hospital,
					 after appropriate medical screening (which may include serological testing if
					 applicable) determines that the patient meets the medical criteria for
					 donation;
(3)
organ
					 procurement organization (OPO)
shall mean an organization which is
					 designated by the Secretary, U.S. Department of Health and Human Services, to
					 perform or coordinate the performance of retrieving, preserving and
					 transporting organs and to maintain a system of locating prospective recipients
					 for available organs; and
(4)
tissue bank
shall mean a tissue bank licensed under Part 52,
					 which includes eye banks.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.26 - Utilization review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hospitals
					 shall comply with Federal regulations regarding utilization review. Such
					 regulations shall include section 482.30 of the
Code of Federal
					 Regulations
( 42 CFR part 482).
(b) All patients admitted to units having an
					 operating certificate granted by the New York State Division of Alcoholism and
					 Alcohol Abuse for the operation of an acute care alcoholism program or
					 inpatient rehabilitation program shall be subject to the admission,
					 continuation of stay, care plan, staffing, services and discharge requirements
					 of applicable State regulations. Such regulations include requirements of 14
					 NYCRR Parts 374 and 381.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.28 - Social services

Current through Register Vol. 46, No. 28, July 10, 2024
The hospital shall provide appropriate supportive
						services to meet the psychosocial needs of its patients. The services shall be
						oriented to assist patients and their families with personal and environmental
						difficulties which predispose illness or interfere with obtaining maximum
						benefits from hospital care.
(a) Each
					 patient shall be screened prior to or upon admission to determine the need for
					 social services. All patients and families identified through such screening,
					 and all patients and families subsequently identified as needing social
					 services by medical, nursing or other clinical staff, shall be provided with
					 the support they require.
(b)
					 Social services shall be provided under the direction of a qualified social
					 worker who is licensed and registered by the New York State Education
					 Department to practice as a licensed master social worker (LMSW) or licensed
					 clinical social worker (LCSW), with the scope of practice defined in article
					 154 of the Education Law.
(c)
					 Personnel providing social services shall be qualified by training and
					 experience to:
(1) recognize the psychosocial
					 needs of patients and their families;
(2) evaluate crisis situations and disability
					 resulting from the emotional, social and economic stresses of
					 illness;
(3) counsel patients and
					 families to deal with the particular stresses affecting them;
(4) participate in hospital care planning and
					 assist patients and families to understand, accept and follow medical and other
					 professional recommendations to restore patients to optimum social and health
					 adjustments; and
(5) arrange for
					 specialized assistance from other sources within the hospital from community
					 resources for patients and families who need such assistance. Such arrangements
					 shall include, but not be limited to, educational and tutorial services with
					 the patient's school district in accordance with section
					 3202
					 (6) of the Education Law for inpatients
					 between the ages of 5 and 21 who:
(i) are
					 physically and mentally capable of benefitting from such services;
(ii) are expected to be hospitalized for a
					 period of time sufficient to interrupt their normal educational program;
					 and
(iii) if over age 16, are still
					 enrolled in school.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.31 - Living donor transplantation services

Current through Register Vol. 46, No. 28, July 10, 2024
Hospitals performing living donor transplants shall
						comply with the requirements of this section, section
						405.30 and with section
						405.22(a) of this
						Part. In addition, the following standards apply to all living donor transplant
						services:
(a)
Definition.
(1)
Donor advocate
is a
					 person or a team responsible for ensuring that the rights and interests of the
					 living donor and the prospective living donor are
					 protected.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.32 - Observation services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) Observation
					 services are post-stabilization services appropriate for short-term treatments,
					 assessment, and re-assessment of those patients for whom diagnosis and a
					 determination concerning inpatient admission, discharge, or transfer can
					 reasonably be expected within 48 hours.
(2) If observation services are provided, the
					 services shall be provided in a manner which protects the health and safety of
					 the patients in accordance with generally accepted standards of medical
					 practice.
(3) Direct referral is
					 defined as a patient referred to the hospital for observation services by a
					 nursing home, hospital outpatient clinic, diagnostic and treatment center,
					 private practice physician or appropriately licensed practitioner, without
					 receiving emergency room or critical care services on the day observation care
					 begins. The referring practitioner must be a licensed physician or
					 appropriately licensed practitioner and must have conducted a physical
					 assessment of the patient within the previous eight hours from the
					 referral.
(4) Patients may be
					 assigned to observation services only by order of a physician or appropriately
					 licensed practitioner.
(5) Patients
					 may be assigned to observation services only through the emergency department
					 or by direct referral in accordance with hospital policies, procedures and
					 bylaws, in conformance with applicable statutes and regulations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.33 - Screening mammography services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
This section shall apply to any general hospital or
						extension clinic that is certified as a mammography facility pursuant to the
						Mammography Quality Standards Act (MQSA).
(b)
Extended service hours.
Any general hospital or extension clinic certified as a
						mammography facility pursuant to the MQSA shall provide extended hours,
i.e.,
in the early morning, evening, or weekend hours, for
						screening mammography services. Extended hours for screening mammography
						services shall be provided on at least two days each week, for at least two
						hours each day offered, for a total of at least four hours each week, including
						but not limited to the following times:
(1) Monday through Friday, between the hours
					 of 7:00 a.m. and 9:00 a.m.;
(2)
					 Monday through Friday, between the hours of 5:00 p.m. and 7:00 p.m.;
					 or
(3) Saturday or Sunday, between
					 the hours of 9:00 a.m. and 5:00 p.m.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.34 - Stroke services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
The following terms when used in this section shall have
						the following meanings:
(1)
Stroke patient
means a patient exhibiting the signs and
					 symptoms of a suspected stroke.
(2)
Certifying organization
means an accrediting organization
					 approved by The Centers for Medicare and Medicaid Services (CMS), that has
					 applied to the department and has been approved by the department to certify
					 that a hospital meets the criteria to provide advanced stroke care.
(3)
Certified stroke center
means a general hospital that has successfully completed a stroke center
					 certification with a certifying organization.
(4)
Designated stroke center
means a certified stroke center approved by the department to operate as a
					 designated stroke center under this section.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.44 - Validity

Current through Register Vol. 46, No. 28, July 10, 2024
If any clause, sentence, paragraph or section of this
						Part shall be adjudged by any court of competent jurisdiction to be invalid,
						such judgment shall not affect, impair or invalidate the remainder thereof, but
						shall be confined in its operation to the clause, sentence, paragraph or
						section thereof directly involved in the controversy in which such judgment
						shall have been rendered.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 406 - Rural Hospital Swing Bed Demonstration › Section 406.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this section, a swing bed program
						operated by a rural hospital that has an approval from the Health Care
						Financing Administration (HCFA) to provide posthospital skilled nursing faciity
						(SNF) care shall mean beds used interchangeably as either general hospital or
						nursing home beds with reimbursement based on the specific type of care
						provided so that use of beds in this manner provides small hospitals with
						greater flexibility in meeting fluctuating demands for inpatient general
						hospital and nursing home care.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 406 - Rural Hospital Swing Bed Demonstration › Section 406.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With the prior
					 approval of the commissioner pursuant to Part 710 of this Title and upon
					 certification by the Health Care Financing Administration (HCFA), general
					 hospitals located in a rural area including all areas not delineated as
					 urbanized areas by the U.S. Census Bureau and licensed, exclusive of bassinets
					 for newborns, distinct part psychiatric and rehabilitation unit beds and beds
					 in intensive care inpatient units, for fewer than 100 inpatient beds or for 100
					 or more inpatient beds but consistently utilizing and staffing fewer than 100
					 beds shall be permitted to participate in the swing bed demonstration program.
					 Participation in the program shall be for a period of three years and in
					 accordance with the requirements of this Part. The program shall be conducted
					 so as to show the extent and effect of the program on the availability and
					 effective and economical provision of long-term care services in rural
					 areas.
(b) The swing bed program
					 shall utilize inpatient facilities and available beds in a manner which assures
					 the provision of services to patients in accord with their assessed needs and
					 shall be subject to the following:
(1) the
					 swing bed program shall provide care throughout the period such patients
					 require the nursing home level of care and in accord with the program's
					 utilization review plan and policies governing length of stay; and
(2) patients may be admitted to the swing bed
					 program for respite care in accord with nursing home medical eligibility
					 criteria for admission so as to provide temporary relief to primary care
					 givers; and
(3) reimbursement for
					 patients whose length of stay exceeds 60 days shall be in accordance with
					 alternate level of care payments (ALC) as set forth by section 861.56 of this
					 Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 406 - Rural Hospital Swing Bed Demonstration › Section 406.3 - Admission, patient assessment, planning and services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hospital administration shall develop
					 and implement policies and procedures governing admission from the hospital's
					 acute care unit(s), other hospital acute care unit(s), and the community,
					 patient assessment, patient length of stay, patient care planning, and the
					 provision of 24-hour nursing services and other services for the swing bed
					 program which include as a minimum but are not limited to the following:
(1) the completion of the hospital and
					 community patient review instrument (H/C-PRI) and SCREEN prior to admission,
					 and the PRI and SCREEN for admission review and continued stay review purposes
					 for patients otherwise eligible for nursing home admission and whose expected
					 length of stay does not exceed 60 days in coordination with procedures for
					 discharge planning;
(2) patient's
					 rights, including admission, transfer, and discharge rights as set forth in
					 Part 415 of this Title;
(3) patient
					 care services and management in accord with the requirements governing patient
					 behavior and facility practices as set forth in Part 415 of this Title;
					 and
(4) patient care and services
					 in accord with a multidisciplinary assessment of needs.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 406 - Rural Hospital Swing Bed Demonstration › Section 406.4 - Transfer and affiliation agreements

Current through Register Vol. 46, No. 28, July 10, 2024
The hospital administration shall implement requirements
						governing transfer and affiliation agreements as set forth in section
						400.9 of this Title. In accordance
						with such agreements and for hospitals with more than 49 beds when a nursing
						home notifies such hospital of available bed(s), the hospital shall transfer
						the swing bed patient to the RHCF within five weekdays (excluding weekends and
						holidays) of the availability date unless the patient's physician certifies
						that a transfer is not medically appropriate.