New York Enacts Patient Protection

July 29, 2007

[Governor] Spitzer signs patient protection bill

`The legislation will provide for appropriate patient safety standards regarding whether a surgery can be performed in a hospital, ambulatory surgery center, or a doctor’s office. Currently, surgeries performed in doctor’s offices are not regulated in New York State. Practitioners are not currently bound by the same credentialing and safety requirements as hospitals and are not required to report adverse outcomes.

The new law:

●Requires office-based surgery be performed by physicians in a setting that has obtained and maintained accreditation from an entity approved by the state Health Commissioner.

●Requires that operating in an un-accredited setting would constitute professional medical misconduct.

●Requires physicians to report adverse office-based surgery events including patient deaths and unplanned hospital admissions within one business day to the Department of Health Patient Safety Center.

●Requires that individual reports be considered confidential and not be subject to the Freedom of Information Law or discovery.

Nationwide, the number of surgical procedures performed in doctors’ offices instead of hospitals has more than doubled in the last decade ? with nearly 10 million surgical procedures performed annually in office-based settings since 2000. The procedures being performed are increasingly complicated surgical and invasive procedures.

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