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S5183Senate2009-2010 SessionSame asA9101

Requires hospitals to report to patients, in addition to the department of health, certain incidents adversely impacting the patients; prohibits retaliation

Sponsor Eric T. SchneidermanSD-31Affects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Health

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Who cares

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Sponsors

Primary sponsor
Eric T. Schneiderman

Senator · Senate District 31

No co-sponsors yet.

History

  1. Referred to health
  2. Referred to health

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to the reporting of certain incidents by hospitals to patients and prohibiting 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. The 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.

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 information 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

2007 - Referred to Health 2008 - Referred to Health

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.