New York A 1165: Relates to prohibited hospital interference with patient care

Bill Text

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A01165 Summary:

BILL NOA01165A

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SAME ASSAME AS S02165-A

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SPONSORPaulin

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COSPNSRRosenthal, Raga, Gonzalez-Rojas, Simone, McMahon, Seawright, Lunsford, Simon, Shimsky, Levenberg,
 Burdick, Epstein, Tapia, Kelles, Reyes, Hevesi, Rozic, Clark, Weprin, Lavine, Steck, Kassay,
 Barrett, McDonald

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MLTSPNSR

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Amd §2805-b, rpld §2803-o-1, add §2832, Pub Health L

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Prohibits hospital interference with patient care where the practitioner is acting in good faith and within the scope of their practice; defines emergency medical conditions; requires appropriate medical screening and stabilizing treatment of persons in an emergency department, including pregnant persons, or appropriate transfer.

Go to top A01165 Actions:

BILL NOA01165A

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01/09/2025referred to health

02/18/2025amend (t) and recommit to health

02/18/2025print number 1165a

01/07/2026referred to health

Go to topA01165 Committee&nbspVotes:

Go to topA01165 Floor&nbspVotes:

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

Go to topA01165 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1165--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. PAULIN, ROSENTHAL, RAGA, GONZALEZ-ROJAS, SIMONE,
 McMAHON, SEAWRIGHT, LUNSFORD, SIMON, SHIMSKY, LEVENBERG, BURDICK,
 EPSTEIN, TAPIA, KELLES, REYES, HEVESI, ROZIC, CLARK, WEPRIN, LAVINE --
 read once and referred to the Committee on Health -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the public health law, in relation to prohibited hospi-
 tal interference with patient care; and to repeal certain provisions
 of such law relating to required protocols for fetal demise

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

 1 Section 1. Section 2805-b of the public health law, as amended by
 2 chapter 787 of the laws of 1983, subdivision 1 as amended by chapter 121
 3 of the laws of 1987, subdivision 3 as amended by chapter 723 of the laws
 4 of 1989, subdivision 5 as amended by section 77 of part PP of chapter 56
 5 of the laws of 2022, is amended to read as follows:
 6 § 2805-b. Admission of patients and emergency treatment of nonadmitted
 7 patients. 1. For purposes of this section, the following terms shall
 8 have the following meanings:
 9 (a) (i) "Emergency medical condition" shall mean:
 10 (A) a medical condition manifesting itself by acute symptoms of suffi-
 11 cient severity, including severe pain, such that the absence of immedi-
 12 ate medical attention could reasonably be expected to result in:
 13 (1) serious injury or illness;
 14 (2) placing the health of the individual in serious jeopardy;
 15 (3) serious impairment to bodily functions, including risks to future
 16 fertility; or
 17 (4) serious dysfunction of any bodily organ or part; or
 18 (B) with respect to a pregnant person who is in active labor:
 19 (1) that there is inadequate time to effect a safe transfer to another
 20 hospital before delivery; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02863-02-5

 A. 1165--A 2

 1 (2) that transfer poses a threat to the health or safety of the preg-
 2 nant person or the pregnancy.
 3 (ii) "Emergency medical condition" includes, but is not limited to,
 4 ectopic pregnancy; complications of or resulting from pregnancy, preg-
 5 nancy loss, or attempted termination of pregnancy; risks of infection;
 6 risks to future fertility; sepsis; acute blood loss; previable preterm
 7 premature rupture of membranes or cervical insufficiency; placenta
 8 abnormalities; acute mental illness; acute or emergent hypertensive
 9 disorders, such as preeclampsia, or any other condition a health care
 10 practitioner licensed, certified, or authorized under title eight of the
 11 education law, acting within their lawful scope of practice determines,
 12 in the practitioner's reasonable medical judgment, to be an emergency as
 13 defined in this paragraph.
 14 (b) "Stabilize" shall mean, with respect to an emergency medical
 15 condition described in clause (A) of subparagraph (i) of paragraph (a)
 16 of this subdivi