Requires emergency department personnel to conduct physical checks of patients awaiting emergency treatment every fifteen minutes

BILL NUMBER:S2606

Title of bill

An act to amend the public health law, in relation to requiring emergency department personnel to conduct physical checks of patients awaiting emergency treatment every fifteen minutes

Purpose

This bill will insure that all people waiting for medical assistance are seen by hospital personnel on a regular basis while waiting to see the acting emergency physician or physician assistant. By providing this service, emergency personnel will be able to keep a watchful eye on those patients to make sure a problem can be addressed immediately if the need should arise.

Summary of provisions

Section 1. This act shall be known and may be cited as the "New York State Patient Protection Act".

§ 2. The public health law is amended by adding a new section 2827 to read as follows:

§ 2827. Patients waiting for emergency treatment. Emergency department personnel, including nurses, security, or other trained hospital personnel, shall conduct physical checks on the health and wellness of all patients who are waiting emergency treatment at least every fifteen minutes.

§ 3. This act shall take effect immediately.

Existing law

None exist at this time that would effect this legislation

Justification

Since 2009 The closure of several hospitals throughout the state of New York have forced residents to receive treatment at other local hospitals. The influx of these new patients at these hospitals is quickly overwhelming their respective emergency departments resulting in higher wait times. In New York State alone a non-emergency patient seeking treatment can expect an average wait time of 5 hours or more depending on the hospital. In New York City hospitals the wait can be anywhere from 8-24 hours.

The increases are partially due to the rate of high unemployment in the aftermath of the great recession and also the long term uninsured who have no choice but to use the emergency department as their personal physician.

Also several deaths have occurred recently due to this new normal. A man in his 30's was a patient waiting to be seen at the emergency department of St, Barnabas hospital in the Bronx and died in the

waiting room at the time his body was discovered he had been waiting in the emergency department 8 hours.

In 2008 A woman in her late forties died while awaiting treatment at Kings County Hospital in Brooklyn at the time of her death she had been waiting about 24 hours. Currently the State of New York does not have a policy that requires hospitals to check that those who are awaiting treatment are currently present in the emergency department or to also make sure that such persons are alive.

Legislative history

2014 - S7029 (LATIMER) REFERRED TO HEALTH

Fiscal implications

None

Local fiscal implications

None

Effective date

Immediately.