N.Y. Public Health Law 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.
Terms Used In N.Y. Public Health Law 2805-V
- General hospital: means a hospital engaged in providing medical or medical and surgical services primarily to in-patients by or under the supervision of a physician on a twenty-four hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. See N.Y. Public Health Law 2801
- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- Provider: means an individual or entity, whether for profit or nonprofit, whose primary purpose is to provide professional health care services. See N.Y. Public Health Law 2801
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.