In fact, Managed Care Organizations may be legally required to reimburse patients for emergency care delivered under the above described circumstances based on Article 49 of the NYS Managed Care Omnibus Bill of 1996.
a.As employers, health care facilities that have knowledge of a physician, physician's assistant, or specialist assistant who has been convicted of any domestic violence crime should ensure that a report is generated from the District Attorney's office to the New York State Department of Health's Office of Professional Medical Conduct.
b.As employers, health care facilities that have knowledge of a licensed health care professional (other than a physician, physician's assistant, or specialist assistant) who has been convicted of any domestic violence-related crime should file a report with the New York State Education Department's Office of Professional Discipline.
c.In the case of a victim's partner coming on-site, providers should activate appropriate in-house security measures. If the abuser refuses to leave, and/or engages in acts that threaten the safety of staff or patients and/or that violate an existing order of protection, the police should be called. Health care providers should consider the input of the victim in developing a response plan but also maintain a responsibility to respond quickly to the safety-related needs of staff and other patients.
a.Staff of hospitals and diagnostic and treatment centers must receive education in the identification and treatment of victims of domestic violence. All other health care providers and health care facility administrators should receive training and education on domestic violence and appropriate treatment and response within the health care system.
New York State Department of Health Regulatory Code 751.6 requires that all hospital staff receive education in the identification and treatment of victims of domestic violence. The Joint Commission on Accreditation of Health Organization (JCAHO), under PE.1.8, requires staff of hospitals, and diagnostic and treatment staff to be trained in identifying and assessing possible victims of abuse.