What's happening
This bill requires that the choice of facility for initial involuntary in-patient mental health admittance be respected, with exceptions for care availability and safety.
Why it matters
Empowers patients and guardians. By requiring that their choice of facility be respected (within limits), the bill gives patients and their families a greater voice in critical mental health decisions, potentially increasing trust in the system and satisfaction with care.
Limits on choice ensure safety and appropriate care. The exceptions—facility capacity, ability to provide the necessary level of care, and physician-assessed safety risks—balance patient preference with the practical needs to protect health and ensure access to suitable treatment.
Could affect patient outcomes and system navigation. Allowing choice may help individuals access familiar or preferred facilities, which can ease transitions into care and support better therapeutic relationships, but it may also introduce logistical challenges for hospitals and emergency responders in high-demand situations.
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Who cares
Headline styles
Let Patients Choose Facilities
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to alcoholism and drug abuse
- Referred to alcoholism and drug abuse
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.
Let Patients Choose Hospitals
In Senate Committee · Mental Health And Developmental Disabilities · Sponsor Jesse Hamilton
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7709
2017-2018 Regular Sessions
IN ASSEMBLY
May 10, 2017
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to involuntary admittance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9.27 of the mental hygiene law is amended by adding a new subdivision (j) to read as follows:
(j) When there is an initial involuntary admittance to an in-patient facility pursuant to this section, the person's or the person's guardian's choice of facility shall be respected; provided, however, such choice shall be subject to the facility's ability to provide the person's necessary level of care and the availability of a bed within a reasonable time period, and provided that honoring such choice would not jeopardize the health and safety of the individual in the examining physician's professional judgment taking into account mitigating factors including but not limited to the individual's anticipated duration of stay, and level of medical emergency.
§ 2. Section 9.39 of the mental hygiene law is amended by adding a new subdivision (d) to read as follows:
(d) When there is an initial involuntary admittance to an in-patient facility pursuant to section 9.27 of this article, the person's or the person's guardian's choice of facility shall be respected; provided, however, such choice shall be subject to the facility's ability to provide the person's necessary level of care and the availability of a bed within a reasonable time period, and provided that honoring such choice would not jeopardize the health and safety of the individual in the examining physician's professional judgment taking into account mitigating factors including but not limited to the individual's anticipated duration of stay, and level of medical emergency.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04522-01-7
A. 7709 2
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.