Financial Aid Law (FAL)

May 8, 2009

09-04

Re: Patients' Bill of Rights, Amendment

Dear Chief Executive Officer

Chapter 515 of the Laws of 2008, amended the Public Health Law and specifically the Patients´ Bill of Rights to provide that the patient´s rights notification that is required to be posted and given by hospitals to patients, include a notice that patients cannot be discriminated against because of age. Currently the Patientsacute; Bill of Rights provisions, 405.7(c)(2), 10NYCRR, confirms that:

As a patient in a hospital in New York State, you have the right, consistent with law, to: (2) Receive treatment without discrimination as to race, color, religion, sex, national origin, disability, sexual orientation, or source of payment;

The Law has an effective date of March 3, 2009, and the Your Rights as a Hospital Patient booklet posted on the Department's web site has been amended to reflect this change. Hospitals printing new posters or booklets should ensure that the amended language is included in any new documents printed. Hospitals may continue to use existing supplies of posters and other patient information booklets for the duration of 2009, but will be expected to amend the language of the above provision at the time of reprinting as follows:

(2) Receive treatment without discrimination as to race, color, religion, sex, national origin, disability, sexual orientation, source of payment, or age;

By January 2010, it is expected that hospitals will have depleted any current supply of patient information booklets and that all materials made available to patients will be reproduced with the updated language.

Should you have any questions regarding the information provided, please feel free to contact this office at (518) 402-1003.

Sincerely,

Mary Ellen Hennessy
Director
Division of Certification & Surveillance