N.Y. Public Health Law § 2805-v: Observation services

§ 2805-v. Observation services. 1. If a general hospital provides

observation services, such services shall be provided in accordance with

this section, and regulations adopted by the council and approved by the

commissioner.

2. Observation services may be provided for such period of time as is

permitted by the commissioner by regulation. Such regulations shall be

consistent with federal policies for providing observation services to

beneficiaries, as set forth in title XVIII of the federal social

security act (medicare), except where necessary, in the discretion of

the commissioner, to protect and promote patient care and safety.

3. Based on the clinical needs of the patient, which shall be

determined in prompt fashion by appropriate staff, and the availability

of services to meet those needs and patient safety, a general hospital

shall determine (a) the proper clinical location for the care of a

specific patient requiring observation services, including whether or

not to provide such services in a distinct physical space, and (b) the

appropriate oversight of observation services.

4. Every general hospital providing observation services shall develop

and adopt policies and procedures for observation services, including:

(a) assignment of a provider who will be responsible for the care of the

patient and timely discharge from observation services; (b) clinical

criteria for observation assignment and discharge; and (c) integration

with quality assurance activities of the hospital.

5. The commissioner shall develop outpatient rates for observation

services provided in accordance with this section to patients eligible

for payments made by state governmental entities.