2016 New York Laws
PBH - Public Health
Article 28 - (Public Health) HOSPITALS
2805-V - Observation services.

  2805-v.  Observation  services.  1.  If a general hospital provides
  observation services, such services shall be provided in accordance with
  this section, and regulations adopted by the council and approved by the
  commissioner.
2. Observation services may be provided for such period of time as  is
  permitted  by  the commissioner by regulation. Such regulations shall be
  consistent with federal policies for providing observation  services  to
  beneficiaries,  as  set  forth  in  title  XVIII  of  the federal social
  security act (medicare), except where necessary, in  the  discretion  of
  the commissioner, to protect and promote patient care and safety.
3.  Based  on  the  clinical  needs  of  the  patient,  which shall be
  determined in prompt fashion by appropriate staff, and the  availability
  of  services  to meet those needs and patient safety, a general hospital
  shall determine (a) the proper clinical  location  for  the  care  of  a
  specific  patient  requiring  observation services, including whether or
  not to provide such services in a distinct physical space, and  (b)  the
  appropriate oversight of observation services.
4. Every general hospital providing observation services shall develop
  and  adopt  policies and procedures for observation services, including:
  (a) assignment of a provider who will be responsible for the care of the
  patient and timely discharge from  observation  services;  (b)  clinical
  criteria  for  observation assignment and discharge; and (c) integration
  with quality assurance activities of the hospital.
5. The commissioner shall develop  outpatient  rates  for  observation
  services  provided  in accordance with this section to patients eligible
  for payments made by state governmental entities.