New York S 5705: Relates to establishing hospital-sponsored off campus emergency departments

Status: REFERRED TO HEALTH (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: S 5705

Sponsors: James Skoufis, Julia Salazar

Bill Text

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S05705 Summary:

BILL NOS05705 

&nbsp

SAME ASSAME AS A02365

&nbsp

SPONSORSKOUFIS

&nbsp

COSPNSRSALAZAR

&nbsp

MLTSPNSR

&nbsp

Amd §2801, add §2802-c, Pub Health L

&nbsp

Establishes hospital-sponsored off campus emergency departments as a "hospital"; sets out specific standards for operations, staffing and capacity requirements.

Go to top S05705 Actions:

BILL NOS05705 

&nbsp

02/28/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS05705 Committee&nbspVotes:

Go to topS05705 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05705 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5705

 2025-2026 Regular Sessions

 IN SENATE

 February 28, 2025
 ___________

 Introduced by Sens. SKOUFIS, SALAZAR -- read twice and ordered printed,
 and when printed to be committed to the Committee on Health

 AN ACT to amend the public health law, in relation to hospital-sponsored
 off campus emergency departments

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 1 of section 2801 of the public health law, as
 2 amended by section 2 of part E of chapter 57 of the laws of 2023, is
 3 amended to read as follows:
 4 1. "Hospital" means a facility or institution engaged principally in
 5 providing services by or under the supervision of a physician or, in the
 6 case of a dental clinic or dental dispensary, of a dentist, or, in the
 7 case of a midwifery birth center, of a midwife, for the prevention,
 8 diagnosis or treatment of human disease, pain, injury, deformity or
 9 physical condition, including, but not limited to, a general hospital,
 10 hospital-sponsored off campus emergency department, public health
 11 center, diagnostic center, treatment center, a rural emergency hospital
 12 under 42 USC 1395x(kkk), or successor provisions, dental clinic, dental
 13 dispensary, rehabilitation center other than a facility used solely for
 14 vocational rehabilitation, nursing home, tuberculosis hospital, chronic
 15 disease hospital, maternity hospital, midwifery birth center, lying-in-
 16 asylum, out-patient department, out-patient lodge, dispensary and a
 17 laboratory or central service facility serving one or more such insti-
 18 tutions, but the term hospital shall not include an institution, sani-
 19 tarium or other facility engaged principally in providing services for
 20 the prevention, diagnosis or treatment of mental disability and which is
 21 subject to the powers of visitation, examination, inspection and inves-
 22 tigation of the department of mental hygiene except for those distinct
 23 parts of such a facility which provide hospital service. The provisions
 24 of this article shall not apply to a facility or institution engaged
 25 principally in providing services by or under the supervision of the
 26 bona fide members and adherents of a recognized religious organization
 27 whose teachings include reliance on spiritual means through prayer alone
 28 for healing in the practice of the religion of such organization and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05990-01-5

 S. 5705 2

 1 where services are provided in accordance with those teachings. No
 2 provision of this article or any other provision of law shall be
 3 construed to: (a) limit the volume of mental health, substance use
 4 disorder services or developmental disability services that can be
 5 provided by a provider of primary care services licensed under this
 6 article and authorized to provide integrated services in accordance with
 7 regulations issued by the commissioner in consultation with the commis-
 8 sioner of the office of mental health, the commissioner of the office of
 9 [alcoholism and substance abuse services] addiction services and
 10 supports and the commissioner of the office for people with develop-
 11 mental disabilities, including regulations issued pursuant to subdivi-
 12 sion seven of section three hundred sixty-five-l of the social services
 13 law or part L of chapter fifty-six of the laws of two thousand twelve;
 14 (b) require a provider licensed pursuant to article thirty-one of the
 15 mental hygiene 

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