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Who cares
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Sponsors
3 Co-sponsors
History
- Referred to health
- Print number 1791a
- Amend and recommit 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 general hospitals to post patient rights and provides that hospital personnel shall not inquire as to a patients' immigration status
Assembly Floor Calendar · Sponsor Felix Ortiz
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1791A
Title of bill
An act to amend the public health law, in relation to patient rights
Purpose or general idea of bill
The purpose of this bill is to ensure that immediate hospitalization is given to any person in need, regardless of legal status, as well as to inform patients of their rights in such circumstances.
Summary of specific provisions
The public health law is amended by adding a new section 2801-h that mandates the posting of Patients' rights in cases of immediate hospitalization. A sign, no less than eight and one-half inches by fourteen inches must be posted conspicuously stating that "each patient shall have the right to emergency treatment regardless of age, race, color, religion, sex, national origin, disability, sexual orientation, source of payment, or immigration status. No patient shall be required to answer questions prior to providing treatment concerning their insurance or method of payment."
Subdivision 1 of section 2805-b of the public health law is amended so that all general hospitals which provide emergency services may not inquire as to the patient's immigration status prior to providing treatment. Nor shall the patient be required to answer questions relating to his or her immigration status after treatment is provided.
Justification
Many people who are in dire need of immediate hospitalization do not seek the proper medical attention due to uncertainty or a fear of being reported to the INS, if they are undocumented. Undocumented people who do go to emergency rooms in search of treatment are often frightened by questions from hospital personnel before admittance. 3y prohibiting staff from denying treatment due to legal status or inquiring into the legal status of a patient before providing treatment, more undocumented people will seek the medical attention they require in emergency situations.
All patients need to be reassured as to the admittance process as well. Reassurance would be promoted by signs stating that immediate hospitalization must be granted regardless of age, color, religion, sex, national origin, disability, sexual orientation, source of payment, or legal status, as well as a patient's right to treatment prior to answering questions regarding their insurance or method of payment.
Prior legislative history
2002- A.10697 - Referred to Health 2004- A.38495 - Advanced to Third Reading Cal. 39 2005/06 - A.5604A - Passed Assembly 2007/08 - A.5930 - Referred to Health 2009/10 - A.6478A - Advanced to Third Reading
Fiscal implications for state and local governments
Minimal.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.