State Issues DAL to Hospitals and DTCs on Patient Abandonment and Equity in Care
(March 25, 2025) On March 19th, the Department of Health (DOH) issued a Dear Administrator Letter (DAL) to hospitals and diagnostic and treatment centers (DTCs) on the subject of patient abandonment and equity in care.
According to the DAL:
All health care professionals have a professional and ethical responsibility to treat patients with respect and dignity. In addition, health care professionals cannot simply abandon an existing patient and must provide continuity of care or facilitate an orderly transition of care. It is a violation of Education Law Section 6530(30) and 8 NYCRR 29.2(a)(1) to abandon an existing patient.
EMTALA is a federal law requiring general hospitals to ensure public access to emergency services, regardless of a patient’s ability to pay or insurance status (42 USC Section 1395dd; 42 CFR Section 489.24). All patients who present to the emergency department should be treated equally and assessed and provided appropriate care, regardless of the location where services are provided.
Hospitals, including Diagnostic and Treatment Centers, must treat all patients equally when patients seek treatment. Refusing to provide services or withholding services to patients based on their race, color, religion, sex, gender identity or expression, national origin, disability, sexual orientation, or age may be considered discrimination under Article I, Section 11 of the New York State Constitution, as well as the New York State Human Rights Law and the Patients’ Bill of Rights. NYS Executive Law Section 296(2)(a) prohibits hospitals, including Diagnostic and Treatment Centers, from unlawfully discriminating against anyone on the basis of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, marital status, or status as a victim of domestic violence, either directly or indirectly, including to refuse, withhold from, or deny to such person any of the accommodations, advantages, facilities, or privileges of such facility.
The DAL also references similar obligations for care under Medicaid, Medicare, and charity care.
For questions, please contact the DOH Division of Hospitals and DTCs at 518-402-1004 or by email at hospinfo@health.ny.gov.
Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871