2021 New York Laws
PBH - Public Health
Article 28 - Hospitals
2805-W - Patient Notice of Observation Services.

§  2805-w.  Patient  notice  of observation services. 1. Every general
hospital shall provide patients who are placed into observation services
by such  general  hospital  with  an  oral  and  written  notice  within
twenty-four  hours of such placement that the patient is not admitted to
the hospital and is under observation status. Such written notice  shall
be  signed  by  the  patient  or  the  patient's legal representative to
acknowledge receipt and shall  include,  but  not  be  limited  to,  the
following information:

(a) a statement that observation status may affect the patient's Medicare, Medicaid and/or private insurance coverage for the current hospital services, including medications and other pharmaceutical supplies, as well as coverage for any subsequent discharge to a skilled nursing facility or home and community based care; and

(b) that the patient should contact his or her insurance plan to better understand the implications of being placed in observation status. 2. The commissioner shall develop and make available guidance on the notice as described in this section.

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