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– NEW YORK –
Public and Private Policy
Medical Errors and Patient Safety

Statutes and Administrative Rules

  • •  General Information
    • ◊  New York Rules and Regulations (NY CRR)

      New York State Code of Rules and Regulations (NY CRR) exist for each New York department, agency, entity, etc., but New York administrative rules and regulations are inconsistently available by department / agency / entity on the Internet. New York regulations are referenced by Title, NY CRR, and the section of rules, e.g., "10 NY CRR §405.8(a)." The relevant New York rules and regulations addressing Public Health are found in the Department of Health. Title 10 consists of 7 volumes (A, A-1, A-1a, A-2, B, C, and D), whereas Title 18 has 3 volumes (A, B, C).

    • ◊  New York Statutes / Laws

      Citation of New York law is convoluted, if not complicated, and Internet-accessibility to New York's laws is similarly not user-friendly in 2005.

      The session laws of New York are entitled McKinney's Session Laws of New York. This set is a chronological compilation of New York laws, published in order of passage for a given session of the legislature. For example, the Patient Health Information and Quality Improvement Act of 2000 was introduced as SB 8127 and passed as L. 2000, c. 542, i.e., chapter 542 of the laws of 2000, the 542nd law passed by the 223rd New York Legislature in 2000. Searches by year of session laws are possible on the NY legislature website, although in early 2006, only 2005 laws were available.

      The codified laws of New York are available as 90 separate groupings of Consolidated Laws and 32 groupings of Unconsolidated Laws. The New York Code is entitled McKinney's Consolidated Laws of New York Annotated.

      New York statutes are cited: NY + [Code Abbreviation] + [Section]]. For example, NY PBH §2998 represents the section of ‘The Patient Health Information and Quality Improvement Act of 2000’ that was codified into section 2998 of the Public Health Code Article 29-D in Titles 2, authorizing creation of the Patient Safety Center. "PBH" is the abbreviation for the "Public Health" Code, which contains 50 Articles, each containing 2 to 11 distinct Titles, arranged from sections 1 through 5003. A list of all the title abbreviations can be found on the web at the Table of Contents of the New York legislature database.

  • •  Laws and Regulations Governing New York's Programs

    In 1998, New York passed legislation [NY PBH §2805-L] that implemented the New York Patient Occurrence Reporting and Tracking System (NYPORTS) for the reporting of ‘incidents’. DOH regulations were promulgated for NYPORTS [10 NYCRR § 405.8(a)], and the reported ‘incidents’ were defined in 10 NYCRR § 405.8(b). The NYPORTS database began to collect ‘incidents’ / ‘patient occurrences’ [used interchangeably] in 1999.

    In October 2000, Governor Pataki signed into law the Patient Health Information and Quality Improvement Act [NY PBH §§2995-2999(a)]. It called for the creation of a statewide health information system designed to collect a wide range of data on heath care providers and practitioners with the intent to make provider-specific profiles and other information available to the public on an ongoing basis. It also established a Patient Safety Center within the New York State Department of Health.

    All of New York's activity on Patient Safety and Medical Errors has been available to the public at the Center for Consumer Health Care Information since 2001.

NEW YORK LAWS / STATUTES
SECTION   DESCRIPTION
PBH – Public Health Code
Article 28 - Hospitals
Definitions
Reporting incidents of possible professional misconduct.
Incident reporting. (authorizing NYPORTS)
Confidentiality.
 
Article 29, Title 1 – Health Information
Structure and definitions.
Physician profiles.
Hospital report cards.
Health care plan data.
Further study of other health care practitioner data.
Study of physician credentialing.
Patient Privacy.
Public access.
 
Article 29, Title 2 – Quality Improvement.
Patient safety center.
Information.
Safety Goals.
Best Practices.
Voluntary and collaborative reporting system.
Contracting with private entities.
Public Access.
 
NEW YORK CODE OF RULES & REGULATIONS
10 NY CRR – Health
10 NY CRR §400 – All Facilities - General Requirements
SPARCS / Information Policy.
 
10 NY CRR §405 – Hospitals - Minimum Standards
Incident Reporting.
 
10 NY CRR §751 – Org/Admin for Diagnostic and Treatment Centers
Incident Reporting.
 
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