§ 2805. Approval of hospitals; operating certificates. 1. No hospital shall be operated unless it shall: (a) possess a valid operating certificate issued pursuant to this article, which certificate may specify the kind or kinds of hospital services the facility is authorized to provide; (b) establish and maintain a uniform system of cost analysis approved […]
§ 2805-a. Disclosure of financial transactions. 1. Every general hospital operating under the provisions of this article shall file with the commissioner of health within one hundred twenty days after the end of its fiscal year a certified report showing its financial condition and all of its financial transactions, including receipts and expenditures during the […]
§ 2805-b. Admission of patients and emergency treatment of nonadmitted patients. 1. Every general hospital shall admit any person who is in need of immediate hospitalization with all convenient speed and shall not before admission question the patient or any member of his or her family concerning insurance, credit or payment of charges, provided, however, […]
§ 2805-c. Every private proprietary nursing home having a capacity of eighty patients or more may have a licensed medical doctor in attendance, upon the premises, for the care and treatment of patients.
§ 2805-d. Limitation of medical, dental or podiatric malpractice action based on lack of informed consent. 1. Lack of informed consent means the failure of the person providing the professional treatment or diagnosis to disclose to the patient such alternatives thereto and the reasonably foreseeable risks and benefits involved as a reasonable medical, dental or […]
§ 2805-e. Reports of residential health care facilities. 1. Every residential health care facility operating under the provisions of this article shall, within one hundred twenty days after the end of its fiscal year, file an annual report with the commissioner of health. Said annual report shall be in such form and shall contain such […]
§ 2805-f. Money deposited or advanced for admittance to nursing homes; waiver void; administration expenses. 1. Whenever money shall be deposited or advanced on a contract or license agreement for admittance to a nursing home as security for performance of the contract or agreement or to be applied to payments upon such contract or agreement […]
§ 2805-g. Maintenance of records. 1. Every hospital shall maintain, as public information available for public inspection under such conditions as the commissioner shall prescribe, records containing copies of all inspection reports pertaining to the facility that have been filed with or issued by any governmental agency. Copies of such inspection reports shall be retained […]
§ 2805-h. Immunizations. 1. Immunizations against poliomyelitis, mumps, measles, diphtheria and rubella. (a) It shall be the duty of the administrative officer or other person in charge of each hospital to inquire of each person in its care under the age of eighteen, or of a person in parental relation to such person, whether all […]
§ 2805-i. Treatment of sexual offense victims and maintenance of evidence in a sexual offense. 1. Every hospital providing treatment to alleged victims of a sexual offense shall be responsible for: (a) maintaining sexual offense evidence and the chain of custody as provided in subdivision two of this section; (b) informing sexual offense victims of […]
§ 2805-j. Medical, dental and podiatric malpractice prevention program. 1. Every hospital shall maintain a coordinated program for the identification and prevention of medical, dental and podiatric malpractice. Such program shall include at least the following: (a) The establishment of a quality assurance committee with the responsibility to review the services rendered in the hospital […]
§ 2805-k. Investigations prior to granting or renewing privileges. 1. Prior to granting or renewing professional privileges or association of any physician, dentist or podiatrist or hiring a physician, dentist or podiatrist, a hospital or facility approved pursuant to this article shall request from the physician, dentist or podiatrist and the physician, dentist or podiatrist […]
§ 2805-l. Adverse event reporting. 1. (a) All hospitals shall be required to report events described by subdivision two of this section to the department in a manner and within time periods as may be specified by regulation of the department. (b) For purposes of this section, “hospital” means any general hospital or diagnostic and […]
§ 2805-m. Confidentiality. 1. The information required to be collected and maintained pursuant to sections twenty-eight hundred five-j and twenty-eight hundred five-k of this article, reports required to be submitted pursuant to section twenty-eight hundred five-l of this article and any incident reporting requirements imposed upon diagnostic and treatment centers pursuant to the provisions of […]
§ 2805-n. Child abuse prevention. All hospitals shall: (i) develop, maintain and disseminate written policies and procedures pursuant to title six of article six of the social services law and applicable provisions of article ten of the family court act, regarding the mandatory reporting of child abuse or neglect, reporting procedures and obligations of persons […]
§ 2805-o. Identification of veterans and their spouses by nursing homes, residential health care facilities, and adult care facilities. 1. Every nursing home and residential health care facility as defined in subdivisions two and three of section two thousand eight hundred one of this article and every adult care facility licensed and certified by the […]
§ 2805-p. Emergency treatment of rape survivors. 1. As used in this section: (a) “Emergency contraception” shall mean one or more prescription drugs used separately or in combination to be administered or self-administered by a patient to prevent pregnancy within a medically recommended amount of time after sexual intercourse and dispensed for that purpose in […]
§ 2805-q. Hospital visitation by domestic partner. 1. No domestic partner or surrogate as defined by subdivision twenty-nine of section twenty-nine hundred ninety-four-a of this chapter shall be denied any rights of visitation of his or her domestic partner or of the patient or resident for whom he or she is the surrogate, when such […]
§ 2805-r. Patients unable to verbally communicate. 1. The department shall make regulations concerning the treatment of general hospital patients who are unable to verbally communicate, for whatever reason, with a health care practitioner or aide. 2. Such regulations shall establish standards for a patient to have present during his or her period of admission […]
§ 2805-s. Circulating nurse required. A registered nurse, qualified by training and experience in operating room nursing, shall be present as a circulating nurse in any and each separate operating room where surgery is being performed for the duration of the operative procedure. Nothing in this section precludes a circulating nurse from leaving the operating […]
