N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 83-1.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 83-1.8 - Quality of care requirements

(a) Each shared health facility shall:

(1) have an individual designated as a manager or administrator, who shall have functional responsibility for the management and coordination of activities within the facility, and who shall help to ensure that the facility and its providers, purveyors and employees comply with the various provisions of this Part;

(2) have an appropriate means of ensuring that:

(i) patients will be scheduled to return to the facility for follow-up care or services when such follow-up care or services are deemed necessary and appropriate; and

(ii) each patient will be treated or served by practitioners, providers or purveyors familiar with the patient's medical history.

(b) Each individual provider or purveyor practicing his profession or conducting his business in the facility shall maintain proper records, which at a minimum shall contain:

(1) the full name, address and medical assistance program number of each patient treated or served in the facility;

(2) the date of each patient visit to the individual provider or purveyor;

(3) the patient's chief complaint for each visit;

(4) the patient's pertinent medical history and the findings for any physical examination performed by any provider;

(5) the diagnostic impressions for each visit;

(6) a notation of all medication prescribed and the precise dosage and prescription regimen for each medication prescribed;

(7) a description of any X-rays, laboratory tests and electrocardiograms ordered or performed and a notation of the results thereof;

(8) a notation as to any referral by any provider or purveyor in the facility to another provider, practitioner or purveyor, a statement as to the reason for such referral, and the results of such referral; and

(9) a statement as to whether or not the patient is expected to return for further treatment, and the prospective dates for all return appointments.

(c) Each individual provider and purveyor practicing his profession or conducting his business in a shared health facility shall furnish to patients only services and supplies which are of high quality and necessary to prevent, diagnose, correct or cure conditions that cause acute suffering, endanger life, result in illness or infirmity, interfere with the patients' capacity for normal activity or threaten some significant handicap.

(d) Each shared health facility shall:

(1) provide suitable space and equipment for the storage of medical records, and maintain in a centralized location within the facility, original or true copies of each provider's or purveyor's medical records and medical assistance program invoices submitted for reimbursement;

(2) assign an individual and clearly identified practitioner to each patient requesting treatment or services in the shared health facility, provided, however, that the assignment may be changed at any time at the patient's discretion;

(3) conspicuously post and otherwise make available to patients either:

(i) the manned central answering service telephone number of each patient's designated practitioner or such designated colleague(s); or

(ii) the telephone number of the facility's centralized 24 hour-a-day, 7 days-a-week manned telephone line for off-hour emergency patient questions.

(e) Each shared health facility shall provide equipment and space which will ensure that all patients have a maximum of privacy during interview, examination and treatment.

(f) Each shared health facility shall post in a location and manner conspicuous to visiting and waiting patients a notice which shall provide the telephone number and identity of the New York State Department of Health agency which is responsible for providing information concerning shared health facilities and for receiving complaints concerning the provision of health care services in shared health facilities. Such notices may be provided to the facility by the department, and if so provided, shall be posted in lieu of any notices to the same or similar effect

(g) The facility shall post in a location and manner conspicuous and comprehensible to visiting and waiting patients the names and scheduled office hours of all practitioners practicing in the facility.

(h) Nothing in this Part shall in any way be interpreted as infringing upon the patient's right to free selection of a personal practitioner.

(i) The department shall have the right to inspect patient medical records, business records, leases and other contracts executed by any provider or purveyor in a shared health facility. Such inspection may be by onsite visits to the facility.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 83-1.8

Adopted, New York State Register December 17, 2014/Volume XXXVI, Issue 50, eff. 12/17/2014