N.Y. Public Health Law 2803-P – Disclosure of information concerning family violence
§ 2803-p. Disclosure of information concerning family violence. 1. As used in this section:
Terms Used In N.Y. Public Health Law 2803-P
- Hospital: means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of a midwife, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, a rural emergency hospital under 42 USC 1395x(kkk), or successor provisions, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, midwifery birth center, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. See N.Y. Public Health Law 2801
(a) Domestic violence shall mean acts as referred to in and qualified by § 459-a of the social services law.
(b) Child abuse and maltreatment shall have the same meaning as provided for in § 412 of the social services law.
(c) Family violence shall mean any act which would constitute domestic violence as defined in paragraph (a) of this subdivision or any act which would constitute child abuse and maltreatment as defined in paragraph (b) of this subdivision.
2. Every hospital having maternity and newborn services shall provide information concerning family violence to parents of newborn infants at any time prior to the discharge of the mother. Such information shall also be provided by every diagnostic and treatment center offering prenatal care services to women upon an initial prenatal care visit. The commissioner shall, in consultation with the state office for the prevention of domestic violence and the department of social services, prepare, produce and transmit such notice to such facilities in quantities sufficient to comply with the requirements of this section. Such notice shall contain information which shall include but not be limited to the effects of family violence and the services available to women and children experiencing family violence.
Such information shall be in clear and concise language readily comprehensible. Nothing in this section shall preclude a facility from providing the notice required by this section as an addendum to, or in connection with, any other information required to be provided by any other provision of law, rule or regulation.
3. No cause of action of whatever nature or kind arising out of a failure to give or receive the notice required by this section shall accrue to any person against the state or any subdivision or agency thereof or any hospital or diagnostic and treatment center providing prenatal care services.