July 22, 2010 News Headlines

The Legislature this week sent a package of bills to Governor Paterson for his approval or veto. Several of the bills are of interest to health care providers. Bills sent to the Governor this week include the following:

No-Fault Compensation (A.11116, Dinowitz/S.7845, Breslin): Ensures that a hospital that renders emergency services otherwise covered by no-fault auto insurance medical benefits is compensated regardless of whether the accident victim was injured while operating a motor vehicle while intoxicated. Current law permits no-fault insurers to deny coverage where the insured person is injured while operating a vehicle in an intoxicated state. This bill also provides the insurer with a cause of action against the individual for the amount of benefits paid on behalf of the covered individual, if the individual is found to have violated the vehicle and traffic law by operating a vehicle under the influence of alcohol or drugs.

HIV Testing (A.11487, Gottfried/S.8227, Duane): Streamlines the human immunodeficiency virus (HIV) testing process by authorizing HIV-related testing to be part of a signed general consent to medical care. Patients would be provided an opportunity to decline HIV testing, which would only be done with full patient consent. Hospitals would be required to offer an HIV-related test to individuals between the ages of 13 and 64, with certain exceptions. The bill also defines “rapid HIV test” and allows oral informed consent for the test. Provisions related to occupational exposure allow anonymous testing of the source person.

Practice of Midwifery (A.8117-B, Gottfried/S.5007-A, Duane): Eliminates the requirement for a written practice agreement between a midwife and a physician. The bill adds a requirement that the midwife have a collaborative relationship with a physician or hospital that provides for consultation, collaborative management, and referral to address the health status and risks of their patients, including plans for emergency coverage.

Nurse Practitioners Issue DNR Orders (A.1719-A, Gottfried/S.2947-A, Hannon): Authorizes nurse practitioners to execute a do-not-resuscitate (DNR) order on behalf of patients and families in the same manner as physicians.

Information for Crime Victims (A.3923-C, Mayersohn/S.1538-E, Stavisky): Requires hospitals and other places where crimes may be reported to make available to crime victims printed information pertaining to social services and financial assistance available.

SUNY Upstate Medical Center (A.8173-A, Destito/S.5454-A, Aubertine): Authorizes the State University of New York (SUNY) Upstate Medical Center to conduct a study to explore the viability and need for branch campuses in the Fort Drum/Watertown and Mohawk Valley regions of New York State. The objective of the branch campuses would be to strengthen cooperation between Upstate Medical University and the health care, higher education, and business leadership of those regions.

Physical Therapy Assistants in Home Care Settings (A.10137, Canestrari/S.7121, Stavisky): Extends for an additional four years, until June 30, 2014, the authority of physical therapy assistants to provide services in home care settings. These services are allowed when the supervising physical therapist establishes a program of care for a patient, has an initial joint visit with the patient and the physical therapy assistant, periodically evaluates and treats such patient, and provides a final evaluation to determine of the treatment plan should be terminated. This program has been in place since 1993.

In other legislative news, the Governor vetoed legislation (A.1729, Gottfried/S.5002, Duane) regarding hospital staff privileges for psychologists. HANYS opposed this legislation and sent a letter to the Governor’s office requesting a veto. Contact: Nicholas Henley

Several hospitals have obtained tax-exempt financing for information technology costs through the Dormitory Authority of the State of New York (DASNY) Tax-Exempt Leasing Program (TELP). HANYS has encouraged DASNY to assist hospitals and health systems in financing health information technology projects since the passage of the federal stimulus bill, the American Recovery and Reinvestment Act (ARRA), which authorized the Medicare and Medicaid Electronic Health Record Incentive Program. While TELP has been in existence for some time, ARRA authorizes the U.S. Department of Health and Human Services (HHS) to release funding to states to establish low-interest loan programs. HHS has yet to release this funding to states. HANYS is advocating that funding be allocated rapidly and will continue to work with DASNY in its efforts to finance HIT projects. Information on the TELP program, the application process, and contact information is available on the DASNY Web site. Contact: Bob McLeod