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History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires hospitals to report to patients, in addition to the department of health, certain incidents adversely impacting the patients; prohibits retaliation
In Senate Committee · Health · Sponsor Eric T. Schneiderman
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A9101
Title of bill
An act to amend the public health law, in relation to the reporting of certain incidents by hospitals to patients and prohib- iting retaliatory action, in connection therewith
Purpose
To ensure that patients or their representatives are notified immediately of any medical incidents which could adversely impact their health. This legislation will amend the public health law requiring hospitals to report not only to the Department of Health, but to the patients or his or her representative, the occurrence of any incident that has an adverse impact. The broad based definition of "hospital" includes other facilities where health care services are provided, including doctor's offices, dental clinics, and public health centers. This bill also includes a provision protecting any employee or physician from any retaliatory action because he or she discloses or threatens to disclose information regarding an incident.
Summary of specific provisions
Section 2805-1 of the public health law is amended by adding a new subdivision 1-a to read as follows:
1-a. In addition to the response required by subdivision one of this section, all hospitals, as defined in subdivision one of the section twenty-eight hundred one of this article, shall report to the department and to any patient, or his representative, the occurrence of any inci- dent within the scope of subdivision two of this section that has an adverse impact on such patient.
Justification
Under current law, hospitals are only required to make a report to the Department of Health and not directly to the patient. New York State's current lack of a systematic and accessible approach to reporting and disclosing medical errors by health care professionals is inexcusable. Recent articles in the press have exposed gross misconduct by physicians whose records should have prohibited their performance of medical procedures in the first place. Patients have the right to infor- mation concerning their own welfare and the high rate of medical errors by health care providers with long histories of gross negligence is unconscionable.
Legislative history
None
Fiscal implications
To be determined
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the commissioner of health is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.