Bill > A4739

Introduced Session

This bill regulates the allocation of health care resources during public health emergencies. The bill provides that, during a state of public health emergency, the Commissioner of Health is to require health care facilities and health care professionals to: 1) permit a patient, who is eligible for intensive care unit services and other critical care services during ordinary circumstances, to remain eligible for such services irrespective of the patient's age, disability, or other factors pertaining to the patient's identity; 2) provide patients individualized assessments based on the best available objective medical evidence; 3) ensure that no patient is denied care based on stereotypes, assessments of the patient's quality of life, or assessments related to whether the patient is disabled or other factors pertaining to the patient's identity; 4) ensure that decisions on the allocation of health care resources are not based on and, to the extent that it is possible, made with knowledge of a patient's age, race, creed, color, national origin, nationality, ancestry, marital status, domestic partnership or civil union status, sex, affectional or sexual orientation, gender identity or expression, disability, place of residence, or socioeconomic or health insurance status; 5) distribute patients and critical care resources, including ventilators, among health care facilities in the State in a manner that reduces shortages of health care resources; and 6) implement and complete such training for health care professionals and other staff as is necessary to effectuate the provisions of this bill.

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JoAnn Downey (D)*, 

Introduced, Referred to Assembly Health Committee (on 09/24/2020)