2012 New York Consolidated Laws
PBH - Public Health
Article 28 - (2800 - 2823) HOSPITALS
2805-B - Admission of patients and emergency treatment of nonadmitted patients.

 
    § 2805-b. Admission of patients and emergency treatment of nonadmitted
  patients.  1.  Every  general  hospital shall admit any person who is in
  need of immediate hospitalization with all convenient  speed  and  shall
  not  before  admission  question the patient or any member of his or her
  family concerning insurance, credit or  payment  of  charges,  provided,
  however,  that  the patient or a member of his or her family shall agree
  to supply such  information  promptly  after  the  patient's  admission.
  However,  no general hospital shall require any patient or member of his
  or her family to write or to sign during those times when the  religious
  tenets  of  such  person temporarily prohibit him or her from performing
  such acts. No general hospital shall transfer  any  patient  to  another
  hospital  or  health  care  facility  on the grounds that the patient is
  unable to pay or guarantee payment for services rendered. Every  general
  hospital  which maintains facilities for providing out-patient emergency
  medical care must provide such care to any person who, in the opinion of
  a physician, requires such care.
    2. In cities with a population of one million or more, (a)  a  general
  hospital  shall  provide  emergency  medical  care  and treatment to all
  persons in need of such care and treatment who arrive at the entrance to
  such hospital therefor. Any general hospital which fails to provide such
  treatment shall be guilty of a misdemeanor.  However,  the  commissioner
  may  exempt  a general hospital from the provisions of this paragraph if
  he determines such general hospital is structured to provide specialized
  or limited treatment.
    (b) Any licensed medical practitioner who refuses to  treat  a  person
  arriving  at  a  general hospital to receive emergency medical treatment
  who is in need of such treatment;  or  any  person  who  in  any  manner
  excludes,  obstructs  or  interferes  with the ingress of another person
  into a general hospital who appears  there  for  the  purpose  of  being
  examined  or  diagnosed  or  treated;  or  any  person  who obstructs or
  prevents such other person from being examined or diagnosed  or  treated
  by  an  attending physician thereat shall be guilty of a misdemeanor and
  subject to a term of imprisonment not to exceed one year and a fine  not
  to  exceed  one  thousand  dollars.  Any  emergency  medical technician,
  paramedic or ambulance driver who  transports  a  person  to  a  general
  hospital  where  such person is refused entrance by anyone or is refused
  examination, diagnosis or treatment by an  attending  physician  thereat
  shall  report  all such incidents to the state commissioner of health or
  his designee, on a form which shall be promulgated by such commissioner.
  After examination, diagnosis and treatment by an attending physician and
  where, in the opinion of such physician, the patient has been stabilized
  sufficiently to permit it, subsequent medical care may  be  provided  or
  procured  by  the  general hospital at a location other than the general
  hospital if, in the opinion of the attending physician,  it  is  in  the
  best  interest of the patient because the general hospital does not have
  the proper equipment or personnel at hand to deal  with  the  particular
  medical  emergency  or  because all appropriate beds are filled and none
  are likely to become  available  within  a  reasonable  time  after  the
  patient has been stabilized.
    (c)  Whenever  a  previously  stabilized  emergency  room  patient  is
  thereafter transferred for medical care to another location by means  of
  an  ambulance,  the  attending physician authorizing the transfer in the
  general hospital from which the patient is transferred  shall  determine
  that  a  receiving  hospital  is  available  and willing to receive such
  patient and that an attending physician thereat is available and willing
  to admit such patient. Just prior to the transfer, the emergency medical
  technician or  paramedic  assigned  to  accompany  the  patient  in  the
  ambulance shall be provided with a completed form which shall include at

  least  the  following information and such additional information as the
  commissioner may require:
    (i) the patient's name;
    (ii) the diagnosed condition of the patient;
    (iii) any treatment administered to the patient;
    (iv) any medication given to the patient;
    (v) the name of the physician ordering the transfer;
    (vi)  the  name  of  the  hospital  from  which  the  patient is being
  transferred;
    (vii) the name of the physician or physicians who is  or  are  willing
  and authorized to receive the patient at the new location;
    (viii)  the  name of the hospital or other facility that is to receive
  the patient;
    (ix) the date and time of transfer; and
    (x) the signature of the physician ordering the transfer.
    The form for this purpose shall be promulgated by the commissioner and
  distributed to all general hospitals in any  such  city.  The  completed
  form  shall  be  given  to the receiving facility upon completion of the
  ambulance trip for use by the receiving physician.
    * 3. A general hospital within a city with a population of one million
  or more may request the emergency medical service of such city's  health
  and   hospitals   corporation  or  any  person,  firm,  organization  or
  corporation providing ambulance service to divert ambulances to  another
  hospital only under the following circumstances:
    A  request  for  diversion of emergency patients with life threatening
  conditions shall only be made  by  a  hospital  when  acceptance  of  an
  additional critical patient may endanger the life of that patient or the
  life  of another patient. A request for the diversion of other emergency
  patients shall only be made when all appropriate  beds  are  filled  and
  shall  be  withdrawn  as soon as a bed is available. Notwithstanding the
  foregoing, all requests for diversion must be renewed at  the  beginning
  of  each  tour of duty as designated by the emergency medical service of
  such city's health and hospitals corporation.
    Diversion of patients with certain medical conditions  which,  in  the
  best  interest  of  the  patients,  require  their transport directly to
  specialty referral centers shall be permitted following the  designation
  of   such   specialty  referral  centers.  Diversion  of  patients  with
  psychiatric conditions to comprehensive psychiatric emergency  programs,
  as  such  term is defined in section 1.03 of the mental hygiene law, and
  subject to the provisions of section 31.27 of such law,  shall  only  be
  permitted following the designation of the programs by the commissioners
  of health and mental health to receive such patients.
    * NB Effective until July 1, 2016
    * 3. A general hospital within a city with a population of one million
  or  more may request the emergency medical service of such city's health
  and  hospitals  corporation  or  any  person,  firm,   organization   or
  corporation  providing ambulance service to divert ambulances to another
  hospital only under the following circumstances:
    A request for diversion of emergency patients  with  life  threatening
  conditions  shall  only  be  made  by  a  hospital when acceptance of an
  additional critical patient may endanger the life of that patient or the
  life of another patient. A request for the diversion of other  emergency
  patients  shall  only  be  made when all appropriate beds are filled and
  shall be withdrawn as soon as a bed is  available.  Notwithstanding  the
  foregoing,  all  requests for diversion must be renewed at the beginning
  of each tour of duty as designated by the emergency medical  service  of
  such city's health and hospitals corporation.

    Diversion  of  patients  with certain medical conditions which, in the
  best interest of the  patients,  require  their  transport  directly  to
  specialty  referral centers shall be permitted following the designation
  of such specialty referral centers.
    * NB Effective July 1, 2016
    4. Nothing in this section shall be construed to deny to the attending
  physician the right to evaluate the medical needs of persons arriving at
  the  hospital  for  emergency  treatment  and  to  delay or deny medical
  treatment where, in the opinion of the attending  physician,  no  actual
  medical  emergency  exists.  However,  no  person  actually  in  need of
  emergency treatment, as determined by the attending physician, shall  be
  denied  such treatment by a general hospital in cities with a population
  of one million or more for any reason whatsoever.
    5. The staff of a general hospital shall inquire whether  or  not  the
  person  admitted  is a veteran, as defined in section eighty-five of the
  civil service law. Such information shall be listed  on  the  admissions
  form.  The  staff  shall  notify  any  admittee  who is a veteran of the
  possible availability of services at a hospital operated by the veterans
  administration, and, upon request by the admittee, such staff shall make
  arrangements for the individual's transfer to a veterans  administration
  operated  hospital. Transfers shall be authorized only after it has been
  determined, according to accepted clinical and medical  standards,  that
  the  patient's condition has stabilized and transfer can be accomplished
  safely and without complication. The commissioner shall promulgate rules
  and regulations for  notifying  such  admittees  of  possible  available
  services and for arranging a requested transfer.