12/31/13 N.Y. St. Reg. HLT-07-13-00021-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 405 of Title 10 NYCRR.
Statutory authority:
Public Health Law, sections 2800 and 2803(2)
Subject:
Hospital Pediatric Care.
Purpose:
To amend pediatric provisions and update various provisions to reflect current practice.
Text or summary was published
in the February 13, 2013 issue of the Register, I.D. No. HLT-07-13-00021-P.
Final rule as compared with last published rule:
No changes.
Revised rule making(s) were previously published in the State Register on
October 16, 2013.
Text of rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-7488, email:
regsqna@health.state.ny.usAssessment of Public Comment
The Department received one comment. This comment period was in response to a revised rule proposal.
The comment was received by the Healthcare Association of New York State (HANYS). HANYS indicated that it supports the intent of the regulatory changes and appreciates that many of the prior comments received by the Department during the initial comment period were considered and incorporated into this revised proposal. HANYS stated, however, that one area of concern that remains relates to the language surrounding “critical value results.” It believes that the requirement to not discharge inpatient or emergency room patients until critical value test results are reviewed and communicated is not well defined. Further, HANYS states that there are a number of tests that take hours, even days to complete. HANYS states that some tests are appropriately done to inform the patient’s future plan of care, and may not necessarily need to be complete before the patient can be safely discharged.
It is the expectation that hospitals will each develop an appropriate policy and procedure to determine the process to guide the review of critical value results as defined in Sections 405.7 and 405.19 in order to implement these provisions in their facilities. The definition requires the results to be reviewed by a physician, physician assistant and/or nurse practitioner and communicated to the patient, his or her parents or other decision makers as appropriate. It is also the expectation that the clinician’s professional judgment and interpretation within the context of each patient’s presenting clinical condition and treatment plan will be reflected in this process to determine whether discharge should be delayed pending completion of certain test results.
