New York

  • As of July 2018, New York requires general hospitals to develop and maintain written policies and procedures for inpatient and outpatient care of individuals with documented substance use disorders or who appear to have or be at risk for substance use disorders (SUDs).
  • Specifically, the law requires hospitals to:
    • Establish written policies and procedures for the identification and assessment of individuals in inpatient settings, outpatient settings, observation services and the emergency department using an evidence-based approach;
    • Inform individuals who have or appear to have SUD of treatment services that may be available, which may be done verbally and/or in writing, as appropriate;
    • Refer individuals who have or appear to have SUD to appropriate substance use disorder programs and coordinate with such programs;
    • During discharge planning provide individuals who have or appear to have SUDs with educational materials, developed by the Office of Alcoholism and Substance Abuse Services (OASAS) in consultation with the Department, as part of discharge planning; and
    • Establish and maintain training, in addition to current training programs, for all staff licensed or certified [to] provide direct care regarding these policies and procedures.
  • The regulations apply to general hospitals as well as critical access hospitals, and are intended to ensure the proper identification, assessment, and referral of patients who may be presenting with SUDs.
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