§ 2805-v. Observation services. 1. If a general hospital provides\nobservation services, such services shall be provided in accordance with\nthis section, and regulations adopted by the council and approved by the\ncommissioner.\n 2. Observation services may be provided for such period of time as is\npermitted by the commissioner by regulation. Such regulations shall be\nconsistent with federal policies for providing observation services to\nbeneficiaries, as set forth in title XVIII of the federal social\nsecurity act (medicare), except where necessary, in the discretion of\nthe commissioner, to protect and promote patient care and safety.\n 3. Based on the clinical needs of the patient, which shall be\ndetermined in prompt fashion by appropriate staff, and the availability\nof services to meet those needs and patient safety, a general hospital\nshall determine (a) the proper clinical location for the care of a\nspecific patient requiring observation services, including whether or\nnot to provide such services in a distinct physical space, and (b) the\nappropriate oversight of observation services.\n 4. Every general hospital providing observation services shall develop\nand adopt policies and procedures for observation services, including:\n(a) assignment of a provider who will be responsible for the care of the\npatient and timely discharge from observation services; (b) clinical\ncriteria for observation assignment and discharge; and (c) integration\nwith quality assurance activities of the hospital.\n 5. The commissioner shall develop outpatient rates for observation\nservices provided in accordance with this section to patients eligible\nfor payments made by state governmental entities.\n
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