§ 2500-D — New York state poison control network

§ 2500-d. New York state poison control network. 1. For the purposes\nof reducing the incidence, severity and expenditures for accidental,\nhomicidal, suicidal or environmental poisoning; educating the public\nconcerning the prevention and treatment of hazardous exposures; and\norganizing poison control activities on a regional basis in order to\navoid duplication and waste, the commissioner shall designate facilities\nwithin the state as regional poison control centers.\n 2. The commissioner shall consider the following criteria in\ndesignating regional poison control centers: compliance or expected\ncompliance with state poison control standards; location in relation to\nthe geographical distribution of persons to be served; the need for\nexpanded poison control services in the area to be served by the\nprovider; whether the facility is presently providing poison control\nservices; and the capacity of such providers to deliver and coordinate\npoison prevention information and poison treatment to the general\npublic.\n 3. The commissioner shall establish minimum standards for designation\nas a regional poison control center. Such standards shall include:\n a. services to be provided which may include:\n (i) dissemination of expert information and consultation services to\nprofessional personnel on the diagnosis, treatment, and management of\nany suspected or actual poisonings;\n (ii) dissemination of information, emergency first aid, and referral\nservices to the general public;\n (iii) coordination, assurance and monitoring of poison prevention and\nmedical management programs for the professional community and the\ngeneral public in the region it serves; and\n (iv) collection of uniform data and research activity to enhance\npoison control management;\n b. staffing requirements including the number, qualifications and\ntraining of personnel;\n c. operational requirements including availability of and access to\nservices and informational resources, public and professional education,\nand protocols;\n d. comprehensive treatment capabilities and a categorized system of\ntreatment facilities for the region;\n e. health professional outreach program; and\n f. regional data collection system including a method of insuring the\nconfidentiality of such data as is otherwise required by law.\n 4. The department shall make an annual report to the legislature of\nits findings and recommendations concerning the effectiveness, impact\nand benefits derived from the programs as established pursuant to this\nsection. Such report shall be submitted on or before the first day of\nFebruary and shall contain evaluations of such programs.\n 5. The commissioner shall appoint a committee to advise the department\non matters pertaining to poison prevention and control. Membership on\nsuch committee shall include directors of regional poison control\ncenters, consumers, industrial representatives, and representatives of\nstate and federal agencies involved in poison safety.\n 6. A general hospital which is designated as a regional poison control\ncenter shall submit a budget indicating the costs of operating such\ncenter. Costs determined by the commissioner to be necessary and\nreasonable in order to comply with the requirements of this section\nshall be reimbursable and shall be allocated to costs of general\nhospital emergency services. Such reimbursable costs for a rate period\nshall be considered in the calculation of rates of payment for emergency\nservices of a general hospital for such rate period in accordance with\nsubdivision two of section twenty-eight hundred seven of this chapter\nwithout application of the maximum payment for the operating cost\ncomponent of rates of payment for emergency services. Notwithstanding\nany inconsistent provision of law, reimbursable costs of a general\nhospital of operating a regional poison control center determined\npursuant to this subdivision for annual rate periods beginning on or\nafter January first, nineteen hundred ninety-one through December\nthirty-first, nineteen hundred ninety-six allocable to emergency\nservices provided to persons within such payor categories as specified\nin paragraphs (a), (b) and (c) of subdivision one of section\ntwenty-eight hundred seven-c of this chapter for inpatient hospital\nservices, excluding governmental agencies, shall be included in the\ndetermination of inpatient rates of payment for such payors, excluding\ngovernmental agencies, and rates of payment determined in accordance\nwith section twenty-eight hundred seven-c of this chapter shall be\nadjusted on a hospital-specific basis in accordance with rules and\nregulations adopted by the state hospital review and planning council,\nsubject to the approval of the commissioner, to reflect such costs and\nmaximum inpatient charges of such general hospital computed in\naccordance with such section shall be adjusted accordingly; and cost\nbased rates of payment for emergency services for such payors, other\nthan governmental agencies, shall be calculated excluding costs of\noperating a regional poison control center.\n 7. Notwithstanding any inconsistent provision of law to the contrary,\nthe commissioner is authorized to make grants, within amounts available\ntherefor, to general hospitals designated as regional poison control\ncenters to assist such general hospitals to meet reasonable costs of\noperation of the regional poison control center.\n