New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter IV - Health Information Systems
Part 360 - Surge and Flex System
Section 360.2 - Surge and Flex Health Care Coordination System Requirements
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 360.2
Current through Register Vol. 46, No. 12, March 20, 2024
(a) In the event of a declared State disaster emergency, the Commissioner shall have all necessary authority and procedures to activate the Surge and Flex Health Care Coordination System (hereinafter "Surge and Flex System"), including the following:
(1)
Increase Bed
Capacity. At the Commissioner's direction, which shall be
incremental and geographically targeted, health care facilities shall increase by
up to 50% the number of acute care beds and/or change the service categories of
beds certified or otherwise approved in any entity regulated by the Department.
At the Commissioner's direction, health care facilities shall postpone up to 100%
of non-essential elective procedures or allow such procedures only pursuant to
such conditions as the Commissioner may determine. The Department shall establish
procedures to approve temporary changes at regulated health care facilities to
physical plants, to facilitate the increased capacity and shall expedite review
of construction applications related to temporary locations, provided that
schematics are filed with the Department and patient safety is
maintained.
(2)
Enhanced
Staffing Capacity. Health care facilities shall establish plans to
meet enhanced staffing levels sufficient to ensure that the increased bed
capacity has adequate staffing. The Commissioner may further expand or modify
criteria for staffing. Health care facilities shall have access to a State-run
portal for staffing needs identifying both volunteers and available staff;
whether licensed or registered in New York State, or authorized or licensed to
practice in any other state or Canada.
(3)
Availability of Supplies and
PPE. Health care facilities shall maintain and actively manage a
supply of personal protective equipment (PPE) appropriate for use during a
declared health emergency that could last at least 60-days pursuant to Section
405.11(g) of this
Title. The Commissioner shall have all necessary authority to re-distribute the
resources of a regulated entity if there is a determination that such resources
are limited and in order to preserve the health and safety of New Yorkers,
including:
(i) Requiring that any medical or
other equipment that is held in inventory by any entity in the State, or
otherwise located in the State, be reported to the Department, in a form and with
such frequency as the Commissioner may determine.
(ii) Requiring that the patient census be
reported to the Department, in a form and with such frequency as the Commissioner
may determine.
(iii) For any
infectious and communicable disease, ensuring that testing results are reported
immediately if positive, and as determined by the Commissioner if such testing
results are negative, via the electronic clinical laboratory reporting system or
as the Commissioner may determine.
(iv) Suspending or restricting visitation, in
accordance with the need to conserve PPE, and subject to such conditions or
limitations as the Commissioner may determine.
(4)
Statewide
Coordination.
(i)
Discharging, transfer, and receiving of patients. Health
care facilities regulated by the Department shall, if directed to do so by the
Commissioner, rapidly discharge, transfer, or receive patients, while protecting
the health and safety of such patients and residents, and consistent with the
Emergency Medical Treatment and Active Labor Act (EMTALA). The Department shall
coordinate with health care facilities to balance individual facility patient
load, and may promulgate further directives to specify the method and manner of
transfer or discharge.
(ii)
Designating Health Care Facilities as Trauma Centers.
The Department is authorized to designate an entity as a trauma center; extend or
modify the period for which an entity may be designated as a trauma center; or
modify the review team for assessment of a trauma center; or change the level of
acuity designation or health services of a facility or other determination about
patient care as appropriate, including restricting admission or treatment to
patients with a particular diagnosis.
(iii)
Maintaining a Statewide
Health Care Data Management System. Health care facilities or health
systems shall report as directed by the Department any information necessary to
implement the Surge and Flex System (e.g. available hospital beds, equipment
available and in use) and the Department shall use that health facility or health
system data in order to monitor, coordinate, and manage during the
emergency.
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